Supreme Court declines to hear from oil and gas companies trying to block climate change lawsuits

The Supreme Court will not hear an appeal from oil and gas companies. Photo by Getty Images

The Supreme Court said Monday, January 13, it won’t hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change.

The order allows the city of Honolulu's lawsuit against oil and gas companies to proceed. The city's chief resilience officer, Ben Sullivan, said it's a significant decision that will protect "taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct.”

The industry has faced a series of cases alleging it deceived the public about how fossil fuels contribute to climate change. Governments in states including California, Colorado and New Jersey are seeking billions of dollars in damages from things like wildfires, rising sea levels and severe storms. The lawsuits come during a wave of legal actions in the U.S. and worldwide seeking to leverage action on climate change through the courts.

The oil and gas companies appealed to the Supreme Court after Hawaii's highest court allowed the lawsuit to proceed. The companies include Sunoco, Shell, Chevron, Exxon Mobil and BP, many of which are headquartered in Texas.

The companies argued emissions are a national issue that should instead be fought over in federal court, where they've successfully had suits tossed out.

“The stakes in this case could not be higher," attorneys wrote in court documents. The lawsuits “present a serious threat to one of the nation’s most vital industries.”

The American Enterprise Institute, a conservative think tank, said declining to hear the Honolulu case now means the companies could face more lawsuits from activists trying to “make themselves the nation's energy regulators.”

“I hope that the Court will hear the issue someday, for the sake of constitutional accountability and the public interest,” said Adam White, a senior fellow at the institute.

The Democratic Biden administration had weighed in at the justices' request and urged them to reject the case, saying it's fair to keep it in state court at this point — though the administration acknowledged that the companies could eventually prevail.

The incoming Republican Trump administration is expected to take a sharply different view of environmental law and energy production.

Honolulu argued it's made a strong case under state laws against deceptive marketing and it should be allowed to play out there. “Deceptive commercial practices fall squarely within the core interests and historic powers of the states,” attorneings wrote.

Environmental regulations, meanwhile, have not always fared well overall before the conservative-majority court. In 2022, the justices limited the Environmental Protection Agency’s authority to regulate carbon dioxide emissions from power plants. In June, the court halted the agency’s air-pollution-fighting “good neighbor” rule.

Justice Samuel Alito recused himself from consideration of the appeal. He did not specify a reason, but he owns stock in companies affected by the lawsuits, according to his most recent financial disclosure.

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A View From HETI

A new Houston battery storage facility has come online in just six weeks. Photo courtesy FlexGen

Colorado-based energy storage company SMT Energy and North Carolina-based software company FlexGen have begun operations of Houston IV, a 160-megawatt utility-scale battery storage facility that aims to support the ERCOT grid.

The companies delivered the project in just six weeks, according to a news release. Mississippi-based Irby Construction Company served as the engineering, procurement, and construction (EPC) partner, and CenterPoint Energy will serve as the interconnecting utility.

“FlexGen’s distinctive combination of software automation, our remote operations center, and on-the-ground field expertise all work together to accelerate battery deployment,” Jason Rislov, SVP of operations at FlexGen, said in the release. “What used to take 25-plus weeks took us six. That time saved translates directly into giving the grid and consumers what they need most right now: a more reliable, resilient energy system.”

Houston IV is one of more than 12 projects that SMT and FlexGen have built to connect to ERCOT, according to Energy Storage News.

“Bringing a 160-MW battery storage facility online in just six weeks required disciplined planning, seamless coordination, and an unwavering focus on safety and quality,” Shaun Coleman, project manager at Irby Construction, said in a news release. “The SMT Energy, FlexGen, and Irby Construction teams coordinated engineering, procurement, and construction to keep every workstream aligned, identify challenges early, and maintain safety and quality at an accelerated pace. That integration is critical, not only to delivering projects quickly, but also to ensuring battery storage facilities perform reliably over the long term.”

Houston IV is expected to store and provide enough electricity to power 8,800 homes in Texas annually. In March, SMT Energy secured $135 million in funding for the project from Macquarie and KeyBanc Capital Markets as joint lead arrangers. SMT and FlexGen broke ground to signal the start of the process in May.

In 2023, SMT Energy and joint venture partner SUSI Partners also announced plans to add 10 battery storage projects to Texas, which would double capacity from 100 megawatts to 200 megawatts in the Houston and Dallas areas.

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