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Supreme Court Rules for Oil-and-Gas Companies Fighting Climate Lawsuit

  

Category:  News & Politics

Via:  vic-eldred  •  3 years ago  •  22 comments

By:   Brent Kendall (WSJ)

Supreme Court Rules for Oil-and-Gas Companies Fighting Climate Lawsuit
The justices say Big Oil defendants should get new shot at moving the city of Baltimore's lawsuit out of state court.

S E E D E D   C O N T E N T



WASHINGTON—The Supreme Court handed the city of Baltimore a preliminary setback in its bid to sue more than 20 multinational oil-and-gas companies on allegations they contributed to climate change and misled the public.

Baltimore filed the 2018 lawsuit in Maryland state court, alleging energy companies failed to warn the public about the dangers of their products. The city says it has suffered climate-change-related injuries, including from rising sea levels and extreme weather, and seeks to recover monetary damages. Other state and local governments have filed similar lawsuits.

The defendants fighting such claims include BP PLC, Chevron Corp. , Exxon Mobil Corp. and Royal Dutch Shell PLC. They sought to move Baltimore's case to federal court, which they argued is a more appropriate venue with fairer procedural protections. The companies said the case belonged in the federal system because some of their oil-and-gas exploration efforts have come at the behest of the federal government.

A federal trial judge denied the request in 2019 and last year a federal appeals court said it was largely powerless to consider moving the case out of the state system.

The high court, in a 7-1 opinion by Justice Neil Gorsuch, on Monday said that decision was incorrect. In a highly technical ruling, the Supreme Court sent the case back to a federal appeals court for further proceedings. The justices said nothing about the substance of the case.

Only Justice Sonia Sotomayor dissented. Justice Samuel Alito didn’t participate in the case. His public financial disclosures indicate that he has investment holdings in the energy sector that would prohibit him from considering the lawsuit.


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    3 years ago

Claiming that oil & gas companies contributed to climate change would seem to be a tough thing to prove. Making the claim over and over is a slam dunk with the media. Proving it is something else.

Only Sotomayor dissented.

 
 
 
Tessylo
Professor Principal
1.1  Tessylo  replied to  Vic Eldred @1    3 years ago

Tough thing to prove?????????????????????????????????????????????????????????????????

 
 
 
Vic Eldred
Professor Principal
1.1.1  seeder  Vic Eldred  replied to  Tessylo @1.1    3 years ago

Perhaps you'd like to prove it to us. We have many readers here who want to know.

 
 
 
Greg Jones
Professor Participates
1.2  Greg Jones  replied to  Vic Eldred @1    3 years ago

The city says it has suffered climate-change-related injuries, including from rising sea levels and extreme weather, and seeks to recover monetary damages. Other state and local governments have filed similar lawsuits.

This will be very hard to prove. I wonder if any scientific evidence was used in the lawsuits?

 
 
 
Vic Eldred
Professor Principal
1.2.1  seeder  Vic Eldred  replied to  Greg Jones @1.2    3 years ago

Evidently the city proclamation wasn't enough.

 
 
 
Thrawn 31
Professor Participates
1.3  Thrawn 31  replied to  Vic Eldred @1    3 years ago
Claiming that oil & gas companies contributed to climate change would seem to be a tough thing to prove.

Not really. Their products are burned as fuel, burning them releases gases like CO2, which are "heat trapping" molecules, into the atmosphere thus causing more of the energy from the sun to be retained within the Earth's atmosphere, thus heating said atmosphere and the planet. This is not up for debate, the science is completely clear.  

Now holding them liable is a completely different story considering they didn't force anyone to use their products. Their lobbying efforts and their impact can be debated to be sure, but at the end of the day we all had a choice, and we chose to burn fossil fuels and bring on the consequences. Now we are starting to make a different choice and hopefully mitigate the damage from the last one. 

Regardless I don't see these companies being made to pay anything in damages, unless it can be shown that they made a concerted effort to actively hide or supress the harmful effects of their products, because a) again no one was forced to use their products, b) who would they even have to pay damages to, and c) how would you even evaluate a reasonable figure for said damages? 

 
 
 
Vic Eldred
Professor Principal
1.3.1  seeder  Vic Eldred  replied to  Thrawn 31 @1.3    3 years ago

All good questions.

 
 
 
JohnRussell
Professor Principal
2  JohnRussell    3 years ago
Supreme Court Rules For Oil-And-Gas Companies Fighting Climate Lawsuit

Of course. Did you expect anything else from a very conservative court? Right or wrong barely matters, cases are determined on a political basis. 

 
 
 
Vic Eldred
Professor Principal
2.1  seeder  Vic Eldred  replied to  JohnRussell @2    3 years ago
. Did you expect anything else from a very conservative court?

Oh, what's wrong John?  You don't have those leftist activists running the Court anymore?  Fifty years wasn't enough?


It's time to restore the Constitution!

 
 
 
Sean Treacy
Professor Principal
2.2  Sean Treacy  replied to  JohnRussell @2    3 years ago
id you expect anything else from a very conservative court? 

Kagan and Breyer are very conservative? They agreed with the ruling. 

It's insane that  a 7-1 decision can be attacked as politicized. 

 
 
 
Vic Eldred
Professor Principal
2.2.1  seeder  Vic Eldred  replied to  Sean Treacy @2.2    3 years ago

We call that Checkmate!

Rfeac79b0255e523819d5224dee95fc40?rik=FiKOi4ig1pkaXg&riu=http%3a%2f%2fwww.chessentials.com%2fwp-content%2fuploads%2f2016%2f11%2fCheckmate.jpg&ehk=QyUmTyexceCLzC95DGbjepb3RSv25NzGd%2bDE8G40xyA%3d&risl=&pid=ImgRaw

 
 
 
Texan1211
Professor Principal
2.3  Texan1211  replied to  JohnRussell @2    3 years ago

ok, say we buy into your imaginative theory.

please explain how the decision was 7 to 1 if only conservatives voted for it should be interesting to see the spin on this!

 
 
 
Hallux
Professor Principal
3  Hallux    3 years ago

Meh ... Lamborghini is coming out with an electricity guzzling model by 2030 ... that should take a dozen or so gas guzzlers off the streets.

 
 
 
Vic Eldred
Professor Principal
3.1  seeder  Vic Eldred  replied to  Hallux @3    3 years ago

We'll all be waiting for that/s

 
 
 
Hallux
Professor Principal
3.1.1  Hallux  replied to  Vic Eldred @3.1    3 years ago

Why are you so morose all the time?

 
 
 
Vic Eldred
Professor Principal
3.1.2  seeder  Vic Eldred  replied to  Hallux @3.1.1    3 years ago

Don't you know?  We have a democrat in the White House.

 
 
 
Hallux
Professor Principal
3.1.3  Hallux  replied to  Vic Eldred @3.1.2    3 years ago

It happens, get over it ... Western Montana is nice this time of the year, buy a camper and take a vacation ... read some of those books you shill.

 
 
 
Vic Eldred
Professor Principal
3.1.4  seeder  Vic Eldred  replied to  Hallux @3.1.3    3 years ago

Next winter I'll be back in Florida. As of tomorrow Connecticut "reopens" as in their two resort Casino's and I'll be on the road again.

Right now I'm re-reading "Death in the Afternoon."

Thanks for the concern.

 
 
 
Ronin2
Professor Quiet
3.1.5  Ronin2  replied to  Hallux @3.1.3    3 years ago

Did the left ever get over Trump being in the White House? Or either of the Bushes, or Reagan?

 
 
 
Texan1211
Professor Principal
4  Texan1211    3 years ago

what kind of special does one have to be to call the court's decision political?

 
 
 
evilone
Professor Guide
5  evilone    3 years ago

All this ruling does is state the plaintiffs must re-file in federal court. 

 
 

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