Fossil Fuel Giants Lose Bid To Dismiss Lawsuit Against Them

It's beginning to look like the fossil fuel industry is 
not have an easy time in courts and with lawsuits
as they had hoped. 

 The U.S. Supreme Court this week shut down an attempt by fossil fuel companies to avoid a climate change lawsuit against them. 

Per Courthouse News, the lawsuit is seeking "to hold companies liable over claims of deceptive marketing about the effect of greenhouse gases.

Companies such as Sunoco, Exxon Mobile, Chevron and BP said they are facing dozens of lawsuits, leaving a vital industry at risk of owing billions of dollars over accusations it causes climate change.

The justices denied the oil and gas companies' petition without further explanation in Monday's orders list."

Frankly, I was a little surprised the seriously right leaning Supreme Court would make a decision like this, but there you go. 

This all started in 2017, when Honolulu filed suit and against the oil giants. The claim was the companies misled consumers about fossil fuel impacts on climate change. This, said Honolulu's lawsuit, led to increased fossil fuel consumption and worsened the impacts of climate change in Hawaii. 

Honolulu cited state laws in its suit but the companies wanted it all transferred to federal court. Three courts denied that wish. 

Continues Courthouse News: 

"Once the case was kicked back to state court, the companies tried to get the lawsuit dismissed. Exxon and others argue that the state courts do not have jurisdiction to hear the dispute because the case involves the impact of interstate and international climate change."

That Exxon failed with this argument might have an impact on Vermont's "climate superfund" law and a similar statute just recently signed into law in New York State.

In a lawsuit recently filed against Vermont and its "Climate Superfund" law, the U.S. Chamber of Commerce and oil companies contend that the law violated domestic and foreign commerce clauses by discriminating "against the important interest of other states by targeting large energy companies outside of Vermont."

I don't know whether the Hawaii case will have an influence here given there's other aspects of the lawsuit  against Vermont. Those include the contention it violates the U.S. Constitution and is pre-empted by the federal Clean Air Act. 

Maybe I'm being a bit of a Pollyanna here, but it's beginning to look like it's at least possible that the fossil fuel industry won't get as much sympathy from the courts as they'd hoped.