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

Quantum computing and advanced nuclear energy are getting a boost from Houston. Photo courtesy UH

Rice University and the University of Houston will be playing a part in the future of energy in Texas and beyond, as Rice has joined the U.S. Department of Energy Quantum Science Center and UH has been added to the Texas Nuclear Alliance.

Rice’s role with the DOE Quantum Science Center will expand the university’s work in helping to develop “fault-tolerant quantum computers capable of solving scientific problems,” according to Rice. Tirthak Patel, an assistant professor of computer science, will develop and evaluate quantum error-correction decoding methods on high-performance computing platforms. Patel’s team will receive $900,000 over 5 years from a DOE-funded center at Oak Ridge National Laboratory.

The Quantum Science Center was established in 2020 under the National Quantum Initiative Act, and brings together national laboratories, universities and industry partners like IBM, AMD, IQM, Quantinuum and Riverlane, and others to advance quantum information science. The Quantum Science Center is one of the DOE’s five National Quantum Information Science Research Centers, and has planned funding of $125 million over 5 years.

“Reliable error correction is one of the biggest challenges in making quantum computing useful for accelerating scientific discovery,” Patel said in a news release. “Our work is focused on developing methods that can scale to future systems and support practical scientific applications.”

Meanwhile, as power demand continues to rise in Texas and North America, the Texas Nuclear Alliance brings industry, academic, and government leaders together to advance nuclear technologies to meet growing energy demands, support economic efforts, bolster domestic manufacturing, and protect overall energy security.

UH brings expertise to the Texas Nuclear Alliance from UH Energy, the Texas Center for Superconductivity at UH (TcSUH), and the Advanced Manufacturing Institute (AMI). UH says that 11 of its 16 colleges will contribute research to the alliance.

“Texas and the University of Houston have long led the nation in energy innovation and research,” Ramanan Krishnamoorti, vice president of energy and innovation, said in a news release. “As demand for reliable, affordable and secure energy continues to grow, advanced nuclear technologies will become increasingly important. The University of Houston is uniquely positioned to contribute through world-class research and deep industry partnerships that help transform breakthrough discoveries into real-world solutions. We look forward to working with the Texas Nuclear Alliance to accelerate technologies that will shape the future of the energy industry.”

Projects from both Rice and UH were selected this week to participate in the DOE's Genesis Mission. Read more here.

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