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, ...