Supreme Court weighs local governments' climate change lawsuits against oil and gas companies

Key justices appeared wary about the potential sweep of litigation, but torn over the complex questions of federal and state law raised by the case. WASHINGTON (AP) — The Supreme Court grappled Monday with whether local governments can sue oil and gas companies in state court to help cover costs associated with climate change, an issue with potentially billions of dollars at stake.Key justices appeared wary about the potential sweep of litigation, but torn over the complex questions of federal and state law raised by the case.Officials in Boulder argue their lawsuit is an attempt to hold energy companies Suncor and ExxonMobil accountable for their contributions to climate change.They say that worsening disasters such as floods and wildfires put a heavy financial burden on local communities, and the industry should bear part of that cost.The city and county of Boulder first sued the oil companies in 2018, years before the 2021 Marshall Fire destroyed nearly 1,100 homes and left two people dead. Total damage was estimated at $2 billion, the costliest wildfire in Colorado history.The companies say that a flurry of lawsuits in state courts is not the way to deal with the global issue.Boulder case is part of a wave of legal action against oil companiesGovernments from largely blue-leaning areas around the country have filed similar lawsuits seeking damages that could total billions of dollars, part of a wave of legal action worldwide seeking to leverage action through the courts.“Presumably, if you prevail, the next day, a municipality in every single state will file a lawsuit,” said Chief Justice John Roberts.

“How do you think that will work out on the ground?”A win for the oil and gas companies at the Supreme Court could shut down dozens of similar cases filed in recent years.Suncor and Exxon argue that the Clean Air Act gives the federal government – not the states – the power to regulate emissions.They have the support of the Trump administration, which argues the lawsuits are an unconstitutional attempt to regulate planet-warming emissions and impose Colorado’s state law beyond its borders.But Roberts and other justices pointed out that state courts consider lawsuits about a myriad of issues that have nationwide reach. “I guess I’m not quite sure what makes this situation different from those,” Roberts said.The court is also weighing a jurisdictional question that could allow it an “off-ramp" to avoid deciding the issues right away. Justice Ketanji Brown Jackson seemed like a vote in favor of that path…