On Monday, the U.S. Supreme Court heard oral arguments in Suncor Energy, Inc. v. County Commissioners of Boulder County, a case that could give fossil fuel companies a get-out-of-jail-free card for the harms caused by climate change. Kannon Shanmugam, representing Suncor and Exxon Mobil, argued that dozens of active lawsuits using state tort law are superseded by federal law. If the justices agree, the lawsuits filed in state courts will likely be dismissed. The Roberts court has made any kind of regulatory structure or legal action on climate very difficult.
Right now, more than 20 civil lawsuits have been filed in state courts by municipalities that attempt to hold the industry responsible for climate damages. Two tribes have filed similar lawsuits. Eleven state attorneys general are pursuing consumer fraud claims. In Vermont, a climate superfund law could force fossil fuel companies to pay an assessment. In Washington State, the first wrongful death lawsuit against fossil fuel companies is moving forward for the death of Juliana Leon during a heat wave.
The Supreme Court’s decision could kill many of these cases and save fossil fuel companies hundreds of billions of dollars. However, the age of accountability has a bright future due to attribution science. The British climate scientist Myles Allen asked in 2003: "Will it ever be possible to sue anyone for damaging the climate?" His answer: Given rapid advances of science, maybe soon.
Source: New York Times Top Stories · Summarized by HeadlinesBriefing