Dec 11 (Reuters) - President Joe Biden's administration
is urging the U.S. Supreme Court to reject efforts by oil
companies and Republican state attorneys general to prevent
state and local governments from pursuing lawsuits accusing the
fossil fuel producers of deceiving the public about climate
change.
Solicitor General Elizabeth Prelogar in briefs filed on
Tuesday said the justices should reject an appeal by oil
companies of a Hawaii Supreme Court ruling allowing Honolulu to
sue them and a separate bid by 19 Republican-led states to block
five Democratic-led states from pursuing similar cases.
The filings come in the final weeks of the Democratic
president's administration before Republican President-elect
Donald Trump takes office Jan. 20. Trump on the campaign trail
pledged to stop the "frivolous litigation."
The 6-3 conservative majority Supreme Court had sought the
views of the solicitor general in the two separate cases in June
and October.
In the Hawaii litigation, the city and county of Honolulu
filed a lawsuit in 2020 accusing oil and gas companies including
Sunoco ( SUN ), Exxon Mobil ( XOM ), BP, Chevron ( CVX )
and Shell of misleading the public for decades about
the dangers of climate change induced by burning fossils fuels.
The companies in February asked the Supreme Court to review
a November 2023 decision by the Hawaii Supreme Court that
rejected their argument that the lawsuit sought to regulate
emissions or interstate commerce, powers reserved for the
federal government.
Prelogar, though, argued that the U.S. Supreme Court should
avoid considering that issue at this time, saying the companies
were still raising other constitutional arguments at the
lower-court level that could dispose of the case.
Theodore Boutrous, a lawyer for Chevron ( CVX ) at Gibson, Dunn &
Crutcher, in a statement argued Supreme Court review was
warranted at this time "to prevent pointless harm to our
nation's energy security."
Prelogar also urged the justices not to allow Republican
state attorneys general to sue Democratic-led California,
Connecticut, Minnesota, New Jersey and Rhode Island to block
lawsuits they filed against Exxon, Shell, BP and other
companies.
That case was filed directly with the U.S. Supreme Court.
Under the U.S. Constitution, the high court has "original
jurisdiction" in a small set of cases pitting states against
states.
The Republican-led states argue 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.
Prelogar countered that "there is no merit to the contention
that the federal common law of trans-boundary air pollution
governs (and therefore precludes)" the Democratic-led states'
claims.
But she said regardless, the Republican-led states lacked
standing to pursue their claims in the first place, saying they
wanted to sue over the "speculative" possibility that a state
court might someday hold private companies, not the states
themselves, liable for climate change deception.
The office of Republican Alabama Attorney General Steve
Marshall, who is leading the lawsuit, in a statement said the
Supreme Court must still act, saying "the future of American
energy hangs in the balance."
The cases at the U.S. Supreme Court are Sunoco ( SUN ) v. City and
County of Honolulu, No. 23-947, and Alabama v. California, U.S.
Supreme Court, No. 22O158.
For the Republican-led states: Edmund LaCour of the Alabama
Attorney General's Office
For the Democratic-led states: Julie Veroff of the
California Department of Justice
For the U.S. government: Solicitor General Elizabeth
Prelogar
For Sunoco ( SUN ): Kannon Shanmugam of Paul, Weiss, Rifkind,
Wharton & Garrison
For Shell: David Frederick of Kellogg, Hansen, Todd, Figel &
Frederick
For Honolulu: Victor Sher of Sher Edling
Read more:
Supreme Court seeks US views on Republican AGs challenge to
climate change cases
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)