This debate will undoubtedly be shaken up by the #Trump #EPA’s recent killing of the #EndangermentFinding. That scientific finding by the agency was the foundation of federal #GreenhouseGas #regulations. #SCOTUS has previously ruled that the EPA’s role managing those regulations blocked many federal lawsuits over harms from #ClimateChange. Some legal experts say the end of the endangerment finding opens up a new lane for lawsuits against the #FossilFuel industry in federal court.
#States have not been deterred. #Hawaii filed its lawsuit almost immediately after the #DOJ suit. And #Michigan recently filed a federal #antitrust lawsuit against 4 #oil companies & the American Petroleum Institute [ #API], the oil industry’s main trade group.
The petition before #SCOTUS in the #Boulder case hinges on the question of whether #federal law “precludes #state-law claims seeking relief for injuries allegedly caused” by #GreenhouseGas #emissions.
#States have not been deterred. #Hawaii filed its lawsuit almost immediately after the #DOJ suit. And #Michigan recently filed a federal #antitrust lawsuit against 4 #oil companies & the American Petroleum Institute [ #API], the oil industry’s main trade group.
The petition before #SCOTUS in the #Boulder case hinges on the question of whether #federal law “precludes #state-law claims seeking relief for injuries allegedly caused” by #GreenhouseGas #emissions.
This debate will undoubtedly be shaken up by the #Trump #EPA’s recent killing of the #EndangermentFinding. That scientific finding by the agency was the foundation of federal #GreenhouseGas #regulations. #SCOTUS has previously ruled that the EPA’s role managing those regulations blocked many federal lawsuits over harms from #ClimateChange. Some legal experts say the end of the endangerment finding opens up a new lane for lawsuits against the #FossilFuel industry in federal court.
The #Trump #DOJ sued #Hawaii & #Michigan in a bid to stop those #states from filing #climate lawsuits, & industry allies have redoubled their efforts to get the courts & lawmakers to block the cases. The conservative legal scholar John Yoo, who submitted an amicus brief in the #Boulder case, wrote in a recent essay that the justices must “end environmental extortion of American energy.” [ummm, what now? If they knowingly harmed the public, the public has a right to sue for damages TYVM.]
#States have not been deterred. #Hawaii filed its lawsuit almost immediately after the #DOJ suit. And #Michigan recently filed a federal #antitrust lawsuit against 4 #oil companies & the American Petroleum Institute [ #API], the oil industry’s main trade group.
The petition before #SCOTUS in the #Boulder case hinges on the question of whether #federal law “precludes #state-law claims seeking relief for injuries allegedly caused” by #GreenhouseGas #emissions.
The suit, first filed in 2018, sought to hold the companies liable for the effects of #ClimateChange, citing state laws.
About three dozen similar lawsuits have been filed in the #US by #state, #local & #tribal governments in the past decade. They generally seek monetary damages for costs that municipalities are incurring because of #climate change. Many also make consumer #fraud claims, arguing the companies covered up what they knew about the risks of using their products.
Some have been dismissed, while others have been allowed to advance in the courts. None have made it to trial yet.
In #Colorado, as they have elsewhere, the companies tried to move the matter to #FederalCourt, arguing that the complex issue of global #GreenhouseGas #emissions must be addressed under #federal, not #state, #law. A federal judge denied that request in 2019, & the 10th Circuit Court of Appeals affirmed the decision.
#SCOTUS #law #EnvironmentalLaw #ClimateChange #ClimateCrisis