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Good morning, and welcome to a busy work week. Among ~other~ things happening this week, the Supreme Court hears oral arguments in an important case that will set the course for climate litigation around the country.
Here's what you need to know
https://news.bloomberglaw.com/environment-and-energy/booming-climate-litigation-movement-faces-supreme-court-test?context=search&index=7
Here's what you need to know
https://news.bloomberglaw.com/environment-and-energy/booming-climate-litigation-movement-faces-supreme-court-test?context=search&index=7
First of all, it's a climate case, but it's not a climate case. It all stems from Baltimore's effort to hold oil & gas companies liable for local impacts of climate change; similar claims are playing out from a dozen+ other states & local governments
BUT the question before the Supreme Court is procedural
In short, what's the proper scope of appellate courts' review when they're considering appeals stemming from "federal officer jurisdiction" claims? It's an issue that's cropped up in multiple climate cases but also comes up often in other areas
SCOTUS won't decide the merits of the climate litigation, just the procedural issue--though industry is pushing the justices to at least take one further step and both 1.) decide the proper scope of appellate review and 2.) determine that climate cases belong in federal court
A ruling for industry would, at a minimum, create more delay for climate cases that have been pending for years. If the court issues a broad ruling (like industry wants), it could also mean the oil companies get their choice of venue. The litigation would continue from there
Justice Alito appears set to sit out this case. He has previously disclosed some investments in energy companies & hasn't participated in any previous motions on the case. Many groups are calling on Justice Barrett to recuse from the base b/c of family connections with Shell Oil
The Trump administration, in its final trip to the Supreme Court, is arguing on behalf of the oil industry in the case. The incoming Biden administration hasn't addressed the procedural question in the case but has expressed support for climate liability cases in general
Read more in our story & check back later for coverage from today's oral arguments https://news.bloomberglaw.com/environment-and-energy/booming-climate-litigation-movement-faces-supreme-court-test?context=search&index=7
