May 23 (Reuters) - Nineteen Republican attorneys general
have filed a rare complaint directly with the U.S. Supreme Court
asking it to block several Democratic-led states from pursuing
climate change-related litigation against major oil and gas
companies in state courts.
The challenge, which legal experts say is unlikely to be
successful because it raises arguments that are similar to ones
the court has already refused to consider, was filed on
Wednesday by states including Alabama, Florida and West Virginia
against five Democratic-led states.
The complaint alleges that California, New Jersey,
Connecticut, Minnesota and Rhode Island, by suing major energy
companies in state court seeking damages for the harms of
climate change, are essentially trying to regulate global
emissions and the U.S. energy system. The lawsuit asks the high
court to enjoin the defendant states from suing the companies
over emissions or the sale and promotion of fossil fuel products
in the plaintiff states.
Those regulatory powers are reserved for the federal
government under federal law, the Republican-led states said.
"These states are welcome to enforce their preferred
policies within their jurisdiction, but they do not have
authority to dictate our national energy policy," said Alabama
Attorney General Steve Marshall in a statement.
The five states are among dozens of states and
municipalities that have filed similar lawsuits against major
fossil fuel companies such as Exxon, ConocoPhillips ( COP )
, Shell and BP, alleging the companies
knew for decades that burning fossil fuels would lead to climate
change but worked to conceal that fact from the public. They
claim the companies created a public nuisance or violated state
laws in doing so.
The energy companies did not immediately respond to requests
for comment on Thursday. They have argued the lawsuits seek to
regulate interstate emissions or commerce, which are powers
reserved for the federal government.
"This is pure partisan political theater," Connecticut
Attorney General William Tong, a Democrat, said in a statement.
"Our case is about truth in advertising, and not emissions
controls."
The Supreme Court refused last year to hear bids by oil
companies to move several of the lawsuits to federal court,
after numerous U.S. appeals courts said the claims are not
preempted by federal law.
Fossil fuel companies made similar arguments before the high
court in February in an effort to scrap a decision allowing a
lawsuit filed by Honolulu, Hawaii, to go to trial. The request
is pending.
Legal experts said the Supreme Court is unlikely to take the
case filed Wednesday, noting the court has discretion to do so
and has already seen the arguments.
"The arguments are almost entirely variations on those that
were raised by the fossil fuel industry in their unsuccessful
attempts to argue that these suits belong in federal court,"
said Doug Kysar, a professor at Yale Law School.
The case is State of Alabama et al. v. State of California
et al., in the U.S. Supreme Court, case number not immediately
available.
For the challengers: Their respective attorneys general
offices
For the defendants: Their respective attorneys general
offices