The companies are asking the justices to step in once again in a sprawling legal fight over the industry's climate liability
CLIMATEWIRE | Climate liability lawsuits from state and local governments against fossil fuel companies could be headed to the Supreme Court for a second time.
“Given the stakes in the climate-change litigation, the questions presented here are some of the most consequential jurisdictional questions currently pending in the federal courts,” the companies’ petition states, noting that as of now, 23 similar cases are active nationwide. The suits were filed in state courts, but industry has sought to move them to federal benches, where a judge could find that the municipalities’ claims are preempted by the Clean Air Act.
“The questions presented squarely implicate the longstanding principle that federal law alone necessarily governs disputes related to interstate pollution,” the companies said. Marco Simons, general counsel of EarthRights International, which represents the communities, said the case should be heard in state court because it involves claims made “under Colorado law, for injuries to Colorado communities, filed in Colorado state court.“
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