The U.S. Supreme Court is once again forcing the Biden Administration to get involved with climate litigation. This morning, the Court asked the U.S. Solicitor General for her opinion on a petition appealing Honolulu’s climate lawsuit, which centers upon the merits of the litigation writ large.
The move, Law360 reports, “suggests a willingness to take a deeper look at the petition.” On an average year, the Supreme Court receives over 8,000 petitions and denies review of about 99% of those cases. Further consideration of the oil companies’ petition shows that SCOTUS recognizes that significant constitutional issues may be at issue in Honolulu’s climate lawsuit.
Déjà Vu In the Courts
This is the second time SCOTUS has passed the hot potato to DOJ as it considers climate cases. In 2022, the Supreme Court sought DOJ’s stance on whether the lawsuits should be heard in state court or federal court. Unsurprisingly, the White House backed the plaintiffs’ position (state court), but tepidly released its position in a court filing with zero political fanfare.
Despite President Biden’s campaign-trail promise to “strategically support ongoing plaintiff-driven climate litigation,” he has largely disappointed activists that have clamored for DOJ to take a more aggressive position on the cases or to open its own investigation into oil companies.
President Biden’s choice of words – “plaintiff-driven” – is laughable, as these cases are anything but. It’s a fact that climate lawsuits are funded by billionaire donors, pushed on municipalities by environmental activist groups, and driven by the interests of private plaintiffs’ attorneys.
A Threat to Affordable Energy and National Security
In recent months, several of the nation’s leading government officials, legal experts, trade associations, and advocacy organizations have called on the justices to grant the petition and end the chaos of partisan climate lawfare.
Clarity from the Court is needed for “economy of today, not the economy of aspirational net-zero goals,” as energy expert David Blackmon wrote in the Daily Caller:
“It is long past time for the Supreme Court to intercede to end these billionaire-funded climate lawsuits. Letting these cases proceed is likely to hinder both energy affordability and climate progress.
“The time and money spent by companies fighting these suits and the outlandish damages requested by the plaintiffs (that also stuff the coffers of wealthy trial lawyers) are resources companies could otherwise direct towards solutions that cut emissions in line with national and international climate goals.”
Politico reports that a response from DOJ – which is not determinative of the justice’s ultimate decision on the petition – “will likely take until the end of the year,” meaning the appeal likely won’t be resolved until 2025.
Bottom Line: The Supreme Court’s request for the Biden DOJ to take a stand on Honolulu’s petition puts climate litigation in the crosshairs of what will surely be a contentious election year and campaign issue. President Biden will be forced to side with billionaire activists who have openly admitted to wanting to end oil and gas, or the millions of Americans who rely on these resources every day.
