'On a broader level, a Supreme Court decision that state courts will hear climate lawsuit cases could open the floodgates for plaintiffs’ attorneys everywhere to sue any industry just for providing products that people rely on,' Andrew Ketterer writes.
The U.S. Supreme Court continues to consider whether to hear Boulder v. Suncor, a case involving local jurisdictions in Colorado that have sued energy companies for allegedly causing climate change. Justices last fall took the unusual step of asking the U.S. Solicitor General’s opinion in the case. Solicitor General Elizabeth Prelogar’s brief was filed on March 16, where she narrowly argued that Boulder’s claims are governed under state law.
Carbon emissions come from sources across the world. They are produced by energy users, from farmers to builders to homeowners. State courts are not equipped to resolve such a worldwide problem. As the 2nd U.S. Circuit Court of Appeals explained in its dismissal of New York City’s climate lawsuit, “emissions in [New York or] New Jersey may contribute no more to flooding in New York than emissions in China.
With climate lawsuits failing on merit in federal venues, climate lawsuit plaintiffs have turned to state courts, hoping for the proverbial “home court advantage.” If the Supreme Court ultimately favors state jurisdiction, it would run counter to long-standing legal precedent and the Obama administration’s position.
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