Supreme Court Seeks Solicitor General’s Opinion in Climate Case

The U.S. Supreme Court has asked for the U.S. Solicitor General, Elizabeth Prelogar, to weigh in on the petition for a writ of certiorari in Sunoco LP, et al v. City and County of Honolulu, et al. The defendants in the lawsuit filed the petition for cert, asking SCOTUS to review the Hawaii Supreme Court’s decision to keep the case alive.

The main question in front of the Supreme Court is whether federal law prohibits the application of state law to claims that seek damages for injuries allegedly caused by the effects of interstate and international greenhouse gas emissions.

Below is a statement that can be attributed to me, Craig Stevens, spokesman for the GAIN Coalition and former senior advisor to U.S. Energy Secretary Sam Bodman:

“It is encouraging to see the Supreme Court seek additional information regarding a case that has significant legal and economic implications for the nation’s energy sector. At a time when Americans are already dealing with high inflation and geopolitical unrest, energy companies are striving to provide consumers with affordable, reliable energy. Agenda-driven lawsuits create uncertainty for the industry and ultimately harm American consumers.

A decision from the land’s highest court is necessary for clarity on whether claims seeking relief for climate change can proceed in state courts. The Court should grant cert in this case, given that Hawaii itself recognized its decision conflicts with the Second Circuit Court of Appeals’ decision that the New York City climate case was a matter of federal law.”

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