Alito’s absence could give oil companies a tougher path in Supreme Court term opener

Oil and gas companies are asking the U. S. Supreme Court to shut down a Colorado climate lawsuit before it reaches trial, and the justices hear the dispute Monday at 10 a. m. ET, with audio streamed. The case, Suncor v. Boulder, does not ask whether fossil fuel producers actually helped drive global warming. It asks only whether such suits may go forward under state law, according to MS NOW.

The matter is complicated by Justice Samuel Alito's recusal last week, after calls for him to step aside over his financial interests in the energy industry. With eight justices, a 4-4 split is possible. That outcome would leave the Colorado Supreme Court's ruling in place and the broader national question unanswered. Five Republican-appointed justices remain, though MS NOW notes that a dispute over federal versus state power may not divide along party lines. A decision is expected by July.

Boulder's city and county governments sued Exxon Mobil and Suncor Energy over harms they attribute to fossil fuel sales. The companies argue that emissions are interstate and international, so state tort law cannot address them, and they warn of ruinous liability. The Trump administration and the Chamber of Commerce back them.

Summarized by PolitiKool from MS NOW’s reporting. Read the full story at MS NOW →