On October 7, 2024, the U.S. Supreme Court requested input from President Joe Biden's administration regarding whether to allow 19 Republican-led states to block five Democratic-led states from pursuing climate change lawsuits against major oil and gas companies in state courts. This case, which has been characterized as a long shot by experts, could have significant implications for climate litigation in the United States.
The lawsuits, filed by California, Connecticut, Minnesota, New Jersey, and Rhode Island, accuse companies such as Exxon, ConocoPhillips, Shell, and BP of creating a public nuisance and violating state laws by concealing the impacts of fossil fuel consumption on climate change. The Republican-led states contend that these lawsuits attempt to regulate global emissions, which they argue is the federal government's responsibility.
California Attorney General Rob Bonta, representing the Democratic-led states, has dismissed the Republican states' claims as 'novel and meritless,' asserting that the lawsuits target local harms due to deceptive practices by the companies rather than their fossil fuel production in general.
This case, titled Alabama v. California, is significant as it may set a precedent for how climate change-related lawsuits are handled at the state level, potentially affecting the regulatory landscape for energy companies across the nation.