Oct 7 (Reuters) - The U.S. Supreme Court on Monday asked
President Joe Biden's administration to weigh in on whether the
justices should allow 19 Republican-led states to try to block
five Democratic-led states from pursuing lawsuits over climate
change against major oil and gas companies in state courts.
The request for input from U.S. Solicitor General Elizabeth
Prelogar on the first day of the Supreme Court's new term came
in a case Republican state attorneys general filed in May that
experts had previously called a long shot.
The Democratic-led states have noted that the Supreme Court
has previously rejected bids by oil companies to move several
such lawsuits to federal court, after numerous U.S. appeals
courts said the claims are not preempted by federal law.
Prelogar had weighed in on that issue as well and had
successfully urged the justices to reject the oil companies'
appeals.
The state attorneys general, led by Alabama Attorney General
Steven Marshall, took aim at lawsuits that Democratic-led
California, Connecticut, Minnesota, New Jersey and Rhode Island
had filed against companies, including Exxon,
ConocoPhillips ( COP ), Shell and BP.
The state court lawsuits generally accuse the energy
companies of creating a public nuisance or violating state laws
by concealing from the public for decades the fact that burning
fossil fuels would lead to climate change.
The Republican-led states argued that by suing major energy
companies in state court seeking damages for the harms of
climate change, the Democratic-led states are essentially trying
to regulate global emissions and the U.S. energy system.
Only the federal government can regulate interstate gas
emissions and Democratic-led states have exceeded their
authority by seeking "sweeping injunctive relief or a
catastrophic damages award that could restructure the national
energy system," the Republican-led states argued.
The case was filed directly with the U.S. Supreme Court,
which has a 6-3 conservative majority. Under the U.S.
Constitution, the high court has "original jurisdiction" in a
small set of cases pitting states against states.
The Democratic-led states led by California Attorney General
Rob Bonta in a brief filed in August called their Republican
counterparts' case "novel and meritless" and said it rested on a
misunderstanding of their climate change lawsuits.
They argued the lawsuits did not seek to impose liability on
oil companies based on their fossil fuel production generally
but instead sought to "address local harms resulting from
unlawful deceptive conduct by private defendants."
The Supreme Court in June separately asked Prelogar to weigh
in on whether to hear an appeal by Exxon, Chevron ( CVX ) and Sunoco ( SUN ) of
a Hawaii Supreme Court ruling allowing Honolulu's lawsuit
alleging the companies to proceed to trial. Her office has yet
to file a brief in that case, which remains pending.
The case is Alabama v. California, U.S. Supreme Court, No.
22O158.
For the challengers: Edmund LaCour of the Alabama Attorney
General's Office
For the defendants: Julie Veroff of the California
Department of Justice
Read more:
Republican-led states ask Supreme Court to quash Big Oil
climate lawsuits
Exxon, Chevron ( CVX ) ask US Supreme Court to toss ruling in
Honolulu climate change suit
US Supreme Court rebuffs Exxon, Chevron ( CVX ) appeals in climate
cases
(Reporting by Nate Raymond in Boston)