Continuing my train of thought from yesterday. (Please look back at yesterday's post before telling me this one makes no sense.) So: Suncor wants the Supreme Court of The United States to find that climate change policy must be federal policy, so Boulder has no business bringing a state law based suit against Suncor or ExxonMobil. That understood: how did arguments go? Chief Justice Roberts expressed skepticism about the preemption argument. He said it is not uncommon to base state law litigation on actions taken in whole or part in other states. He wanted to know: what makes this case special? Sarah Harris, the solicitor general for the US (here because the administration is taking Suncor's side) replied that if Boulder prevails it would ban the production of fossil fuels anywhere in the country. Roberts appeared unpersuaded. "That's a question of relief" to be raised in the context of the lawsuit if the lawsuit is allowed to proceed, not an argument agai...
And on its very first day hearing arguments, the notorious "first Monday in October," the justices heard a potentially momentous case out of a Boulder, Colorado state court. Plaintiffs in the state court dispute want to hold two big hydrocarbon-marketing concerns (Suncor and ExxonMobil) liable for their role in climate change and for obscuring that fact that climate change is underway from the general public. Samuel Alito has recused himself from the case, apparently because he is heavily invested in the petroleum industry. It is worth observing here that the plaintiffs do have a right to move forward with this dispute, according to Colorado's own Supreme Court. That court ruled that Boulder's state-law claims were not preempted by any federal statute. If the US Supreme Court does not reverse that, the Colorado court's decision stands. In this case, that means "tie goes to the runner," a 4-4 split in Alito's absence, which seems quite possible, ...