The Supreme Court rejected a lawsuit from Republican attorneys general in 19 states aimed at blocking climate change suits against the oil and gas industry from Democratic-led states. The justices acted on an unusual Republican effort to file suit in the Supreme Court over the Democratic states' use of their own state courts to sue fossil fuel companies for deceiving the public about the risks of their products contributing to climate change.
The Supreme Court typically hears only appeals, but the Constitution gives the court authority to hear original lawsuits states file against each other. Justices Clarence Thomas and Samuel Alito said they would have allowed the lawsuit to proceed for now. The justices don't have the discretion to reject the complaint at this stage, Thomas wrote in a dissent that did not deal with the merits of the claim.
The Republicans' complaint, led by Alabama Attorney General Steve Marshall, asserts that the Democratic states are trying to dictate national energy policy and will drive up the cost of energy across the country. The Supreme Court also has so far turned away appeals by the energy companies seeking to get the justices involved in the issue.
The lawsuits filed by dozens of state and local governments allege that fossil fuel companies misled the public about how their products could contribute to the climate crisis. The lawsuits claim billions of dollars of damage from such things as severe storms, wildfires and rising sea levels.
The Republican action specifically sought to stop lawsuits brought by California, Connecticut, Minnesota, New Jersey and Rhode Island. Only the federal government can regulate interstate gas emissions, and states have no power to apply their own laws to a global atmosphere that reaches well beyond their borders.
