Russell argued that Boulder’s claim does not seek to limit pollution, and that there is nothing in the Clean Air Act or the Constitution that would bar states from taking actions that have a secondary effect of reducing pollution, such as imposing a gas tax or, in this case, seeking damages from oil companies.
Justice Samuel Alito was not at the hearing after recusing himself last week. While Alito gave no explanation for the decision, he had been under pressure to do so because he owns stock in oil companies that are party to other lawsuits that would be affected by the court’s decision. Alito’s absence leaves open the possibility of a tie vote, which would allow the case to move forward.
“Boulder, like other cities and counties across the country, is confronting realities associated with climate change every day, from wildfires and floods to drought, extreme heat, and growing pressures on our water and infrastructure,” said Boulder’s city manager, Nuria Rivera-Vandermyde, in a statement after the hearing. “The legal question before the court is whether taxpayers must bear these costs alone or must the defendants also pay their fair share for the harms they have caused.”
Many of the cases brought by states and local governments have been paused pending the outcome of the Supreme Court’s ruling in the Boulder case. The decision, expected by the end of the court’s term in June, could bring those claims to an abrupt halt or set the stage for trials to finally begin.
Source: Ars Technica · Summarized by HeadlinesBriefing