The administration urged the justices to reject the oil companies’
petition for review of a February 2022 appeals court's ruling that
sent the case back to state court, a venue generally considered more
favorable to the municipal plaintiffs.
The Denver-based 10th U.S. Circuit Court of Appeals remanded the
case after concluding that none of the grounds cited by the
companies to change the venue supported giving federal courts
jurisdiction.
The venue question is a key point of contention in roughly two dozen
lawsuits filed by states and municipalities against major oil
companies alleging they concealed and misrepresented the dangers
associated with burning fossil fuels.
The oil companies have denied the local and state governments'
allegations and argued that despite the municipalities only raising
state law claims, the cases clearly raise federal questions.
Representatives for the parties didn’t immediately respond to
requests for comment Thursday.
The case, if the Supreme Court elects to take it, would give the
high court a second chance to clarify whether state or federal
courts should hear the lawsuits filed by states and local
governments, including Honolulu, Baltimore, and the states of Rhode
Island and Delaware.
The Supreme Court first considered the jurisdiction question in 2021
in case brought by the city of Baltimore. It issued a narrow ruling
telling the 4th U.S. Circuit Court of Appeals to reconsider
arguments for removal raised by the oil companies in that case, but
didn't weigh in directly on which courts were proper.
The case is Suncor Energy Inc. et al. v. Board of County
Commissioners of Boulder County et al., U.S. Supreme Court of the
United States, case No. 21-1550.
For the energy companies: Kannon Shanmugam, Theodore Wells, Daniel
Toal and William Marks of Paul Weiss Rifkind Wharton & Garrison,
Hugh Gottschalk and Eric Robertson of Wheeler Trigg O'Donnell.
For the municipalities: Marcos Simons, Richard Herz, Michelle
Harrison and Sean Powers of EarthRights International, David
Bookbinder of the Niskanen Center and Kevin Hannon of the Hannon Law
Firm.
For the U.S. government: Solicitor General Elizabeth Prelogar,
Assistant Attorney General Todd Kim and Deputy Solicitor General
Malcolm Stewart.
(Reporting by Clark Mindock)
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