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Supreme Court Hears Arguments On Proper Venue For Climate Cases

by Varun Hukeri
January 21, 2021, 10:23 AM
in News and Opinion
Reading Time: 3 mins read
A A
5

exxonknew protestThe Supreme Court heard oral arguments Tuesday on a climate case that could determine the future of climate litigation against energy companies within the federal court system.

The argument in BP P.L.C. v. Mayor and City Council of Baltimore considers whether energy companies should be held accountable for the impact of climate change.

The lawsuit was filed in 2018 by the City of Baltimore and argues that 26 companies should be held liable for environmental damages in the city — including coastal flooding and rising temperatures.

But the Supreme Court will not rule whether energy companies should pay for environmental damages. Instead, the justices will decide whether the case should be ruled on by a federal court or a state court.

How the Court rules on this jurisdictional question would impact at least 19 other cases where local governments are suing the energy industry, according to SCOTUSBlog.

The lawsuit was initially filed in a state court, with the city arguing that litigation focused on environmental damage in Baltimore specifically, according to The Baltimore Sun.

But the energy companies argued the lawsuit should be determined by federal courts given that the impact of fossil fuel emissions is not solely limited to Baltimore.

The Fourth Circuit Court of Appeals determined in a ruling last March that the case should be heard in state courts. But the energy companies appealed the decision to the Supreme Court, which agreed to take up the case in October.

Kannon Shanmugam, representing the energy companies, said during Tuesday’s oral arguments it would be “appropriate” for federal courts to resolve the dispute.

“The answer to that question is clear because this court for more than a century has applied federal common law to claims seeking redress for interstate pollution,” he said.

Victor Sher, representing Baltimore, argued otherwise. “The conduct complained of is: fraud, deception, denial and disinformation, and those are traditional state foci,” he told the justices.

The energy companies are arguing for federal jurisdiction because the Baltimore case — and others like it — are more likely to be dismissed due to established precedent, a source familiar with the case told the Daily Caller.

The city of Baltimore, on the other hand, would have a stronger chance of winning the case under state jurisdiction.

The number of climate lawsuits from environmental groups and local governments has increased considerably over the past two decades.

But a report from the Manufacturers’ Accountability Project (MAP) argues that climate litigation is mostly a political tactic to penalize fossil fuel production or extract financial concessions from energy companies.

Baltimore’s outside counsel Sher previously admitted during a 2018 conference that climate cases “are not about stalling climate change” but rather about getting energy companies to pay for environmental damages in local communities.

Recent polling data from Axis Research suggests that American voters do not support climate litigation targeting energy companies.

54% of respondents said it is “not important” to sue manufacturers over climate change allegations. 47% of respondents said they “strongly agree” it is unfair to blame one company or industry for climate change.

Read rest at Daily Caller

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Comments 5

  1. Spurwing Plover says:
    5 years ago

    This exxon Knew is al politics not science and the ignorance of those who take part in their silly protests for the M.S. Media

  2. Allan Shelton says:
    5 years ago

    The fallacy of the lawsuit is that, FIRST, there must be proof that CO2 causes global warming/climate change.
    If I was a judge, I would demand that the litigants provide proof of the GHG Theory, first before proceeding with any lawsuits.

  3. Graham McDonald says:
    5 years ago

    Just a train of thought. A State Court finds for the plaintiff, and fines the oil company. They decide that they no longer want to do business in that state. Other oil companies take note – ‘We could be the next to be taken to court’. ‘Do we really need to do business there?’ They pull out as well.

    No heating oil, no gasoline, no diesel, no natural gas. People trying to stay warm in winter with charcoal BBQ’s. (How to get listed on the “Darwin Awards” site. Don’t even think about it – deadly!!)

    How badly does Maryland need the oil companies? How badly do the oil companies need Maryland? How to win a battle, only to lose the war.

  4. Chaamjamal says:
    5 years ago

    The Exxon Knew model for legal actuon against energy companies based on the tobacco model is flawed in a number of ways. Pls see

    https://tambonthongchai.com/2021/01/11/global-warming-dec2020/

  5. Spurwing Plover says:
    5 years ago

    Most all of the Global warming/Climate Changed based Lawsuits are based upon Junk Science and Politics

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