https://www.wsj.com/articles/climate-lawsuits-take-a-hit-11621288621?mod=opinion_lead_pos4
State and local governments have been trying to extract tens of billions of dollars from fossil-fuel producers for contributing to climate change. But a 7-1 majority of the Supreme Court on Monday decided an important procedural question in BP v. Mayor and City Council of Baltimore that could put a lid on these suits.
Baltimore has sued some two dozen fossil-fuel companies for creating a “public nuisance.” It argues that the production, sale and promotion of carbon energy has increased greenhouse gas emissions, thereby contributing to climate change that will cause “property damage, economic injuries and impacts to public health.” To describe its argument as a legal stretch is an understatement.
A similar effort by states to shake down fossil-fuel power generators already failed in federal court (AEP v. Connecticut) in 2011. The Supreme Court ruled that corporations can’t be sued for their greenhouse emissions under federal common law since the Clean Air Act delegates the regulation of CO2 emissions to the Environmental Protection Agency.
Baltimore and other cities are now trying to sneak lawsuits through state courts where judges aren’t bound by AEP. The Supreme Court on Monday made this end-run much harder by ruling on a complicated procedural question regarding federal appellate court review of federal judges’ remand orders to state courts.