Dozens of cities and states sued oil giants for deceiving the public. The Supreme Court could soon break these cases out of limbo.
more likely to be granted after the court asks for the solicitor general’s advice, research has shown.The coming months may finally provide some clarification on whether the strategy driving dozens of climate lawsuits could actually work — or whether it’s time to pursue a new approach.
There are two ways that the Supreme Court could push these lawsuits forward, with similar outcomes. It could decide not to hear the case, or it could agree to hear it and side with Boulder. In either scenario, the consumer-protection cases would proceed in state courts, and “we’ll start to actually see some litigation,” Sokol said.The cases would move onto “discovery,” a pre-trial step in which both sides gather evidence from documents and witnesses.
The furthest along of any of these accountability lawsuits is one filed in Hawaii in 2020, with the city and county of Honolulu seeking damages from companies including ExxonMobil, Chevron, and Sunoco. A Hawaii judge has ordered for the discovery process to begin, despite an ongoing appeal by the industry. “What I expect to see in the next year would be discovery battles, with additional motions, as the case slowly marches forward,” Antolini said.
, finding that their projections ended up predicting actual temperature changes with startling accuracy. They conveyed the severity of the situation to corporate officials — who proceeded to cast doubt on the credibility of climate science, deriding models and emphasizing how “uncertainty” made them virtually useless. “If this were to get to a jury, that’s the sort of evidence that’s important,” Sokol said.
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