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 company was named one of the most promising startups at CERAWeek. Photo via ats.energy

ATS Energy has secured a $9 million investment to help commercialize its solid-state generator technology, a representative from the company tells Energy Capital.

The Colorado-based company is a member of Houston's Greentown Labs climatech community and was named the second most-promising startup in the Innovations for Traditional Energy, Electricity, & the Grid track during CERA Week's Energy Venture Day and Pitch Competition in March.

ATS's technology converts industrial waste heat into electricity via its proprietary thermoelectric cartridges, according to a news release. The cartridges convert the otherwise wasted thermal energy directly into usable electricity with no turbine, no moving parts and no emissions.

"We have spent years building a proven track record of breakthrough technology," Doug Hudson, CEO of ATS Energy, said in the release. "What has developed over the past year is that markets are moving toward ATS Energy, said in the release. We've moved well beyond early interest to commercial commitments, active proposals and a pipeline that continues to expand across multiple industrial sectors. That puts us in a tremendous position to meet the moment in delivering energy to industry. This investment responds to real commercial opportunity, and it positions ATS Energy to scale production, meet customer demand faster, and drive commercial deployments."

According to the release, ATS plans to complete and deploy its first commercial generator using the thermoelectric cartridges by mid-2027. The company shared that it plans to begin revenue-generating operations next year, as well.

ATS has also named Edward Ganja as its new CTO. Ganja previously served as a technology advisor for ATS and spent more than 30 years at Shell, most recently as vice president of catalyst and analytical technology in Houston, according to LinkedIn.

"Having worked closely with the team as a Technology Adviser, I am thrilled to step into the Chief Technology Officer role to lead our technology strategy and advanced materials scale-up," Ganja shared in a LinkedIn post. "ATS is tackling crucial energy challenges, and I look forward to working with our talented team, partners, and industry colleagues to accelerate our commercial development and technological footprint."

A representative from the company shares that ATS has three employees in Texas, including two in Houston. The company is targeting industrial facilities, including Gulf Coast refineries and petrochemical plants, for its production model, which will leverage established manufacturing capabilities to help quickly scale its commercial pipeline.

"We are scaling manufacturing with the discipline required for commercial-grade industrial deployment, moving beyond proof-of-concept to deliver mission-critical equipment," Terry Hill, COO of ATS, added in the release. "We've been building the supply chain, identifying the right manufacturing partners and putting the processes in place to move toward repeatable production. By leveraging contract manufacturing, we can focus our capital on the technology, the product and our customers rather than building factories. Just as importantly, we're working to reduce the time between installations so we can respond to the demand we're seeing in the market."

ATS won the prestigious Earthshot Prize in the Fix Our Climate category in 2024. The Earthshot Prize, founded by Prince William, awards £1 million to five energy startups each year over a decade.

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