Elena Kagan compares Boulder's climate lawsuit to Big Tobacco lawsuits
Justice Elena Kagan likened Boulder, Colorado’s lawsuits against oil companies for alleged climate change damages to the litany of lawsuits filed against Big Tobacco in the 1990s, as the Supreme Court considered Monday whether to allow Boulder’s landmark lawsuit to proceed.
TL;DR
- The Supreme Court heard oral arguments in Suncor Energy v. County Commissioners of Boulder County, concerning Boulder's climate change lawsuit against oil companies.
- Justice Elena Kagan likened the Boulder lawsuit to 1990s Big Tobacco litigation and more recent opioid lawsuits, questioning Suncor's lawyer about why this suit shouldn't proceed.
- Suncor's lawyer argued the climate lawsuit is fundamentally different from tobacco suits and that the Clean Air Act preempts such cases.
- Justices questioned the constitutional arguments, suggesting the Clean Air Act provides a stronger basis for preempting the lawsuit.
- The Supreme Court appeared split, with a majority possibly leaning towards striking down the lawsuit as preempted by the Clean Air Act.