High court denies energy companies' appeals in climate suits

Rhode Island Attorney General Peter Neronha. File photo by Steve Klamkin WPRO News

By WPRO News and The Associated Press

WASHINGTON — The Supreme Court on Monday rejected appeals from oil and gas companies that are fighting lawsuits from state and local governments over whether they can be held responsible for harms resulting from global warming.

The justices handed the companies a setback in their legal fight with city, county and state governments that want the cases to be heard in state courts, where both sides agree the governments stand a better chance of winning large damage awards. The companies want the cases moved to federal courts.

Monday’s orders from the high court affected cases from California, Colorado, Hawaii, Maryland, Rhode Island. But more than a dozen similar suits are pending in state courts around the country claiming that oil and gas produced by the companies led to greenhouse gas emissions, which contributed to global climate change and caused harm locally.

“Rhode Island was the first state to file a climate damage and deception lawsuit, nearly five years ago,” Rhode Island Attorney General Peter Neronha said in a statement. “We filed in state court because that is the traditional and proper forum to hold corporations accountable for deceiving and failing to warn consumers about their products’ dangerous impacts.

“After decades of climate change deception by the fossil fuel defendants, and now nearly half a decade of delay tactics in our lawsuit to hold them accountable for it, our residents, workers, businesses and taxpayers are ready for their day in court. Now that the Supreme Court has affirmed the decisions of dozens of federal judges across the country, it is time to prepare for trial,” Neronha said.

In 2021, the justices ruled for the companies in an earlier phase of the case that gave them a second shot at persuading appeals courts to order the cases be heard in the federal judicial system. Appeals courts have so far ruled in favor of the governments.

Among the justices, Brett Kavanaugh voted to have the Supreme Court take up the issue. Justice Samuel Alito did not participate, presumably because he holds investments in energy companies.