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

The funding will support the construction of the Hertha Chalyx plant. Photo courtesy Hertha Metals

Conroe-based Hertha Metals has closed a $133.65 million Series A round that includes a $65 million equity investment from the Pentagon. The startup uses a one-step process to convert iron into molten steel or high-purity iron.

Khosla Ventures and Doerr Capital co-led the round, with participation from CEV, Pear Ventures, Gates Frontier, Niterra SUISO no MORI Fund, Toyota Ventures, and Siemens Financial Services.

The federal investment came from the U.S. Department of Defense’s Industrial Base Analysis and Sustainment program. The program aims to strengthen and modernize the U.S. Defense Industrial Base, a network that researches, designs, builds, and maintains military weapons, equipment, technology, and services.

The Series A funding will finance construction of Hertha Chalyx, a plant that will be capable of producing 10,000 metric tons of steel-grade and magnet-grade high-purity iron.

Hertha says Chalyx will provide U.S.-made material for manufacturers of rare-earth magnets. Today, China controls more than 90 percent of the global manufacturing of rare-earth magnets.

Rare-earth magnets can be found in fighter jets, smart bombs, submarines, satellites, drones and other military hardware. These magnets are also key components in electric vehicle motors, wind turbines, computer hard drives, smartphones, headphones, cordless tools and an array of other products.

“Every electric vehicle, aerospace platform, radar system, and data center depends on domestic iron and magnet feedstock suppliers,” Laureen Meroueh, founder and CEO of Hertha, said in a press release.

“Hertha Chalyx closes that gap,” she added. “We are building the supply chain this country needs, and we are doing it by providing a domestic cost-competitive option for manufacturers while unlocking safer and cleaner production.”

Hertha says Chalyx, alongside its Pi100 pilot project, will be the first modern-day “iron and steel innovation complex.” The startup expects to break ground on Chalyx this year.

Since its founding in 2022, Hertha has raised more than $150 million from investors.

This spring, Hertha led the manufacturing category on Fast Company’s list of the World’s Most Innovative Companies of 2026.

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