This excerpt is from a commentary originally published in The Conversation.
In recent years, at least two dozen local and state governments have sued petroleum companies to recover the billions in costs they have incurred responding to and rebuilding after flooding, storms and wildfires – all of which have been worsened by changes to the climate resulting from burning fossil fuels.
Most of these lawsuits, often filed in state courts, make a simple claim: Fossil fuel companies knew for decades that their products were harmful but concealed that fact to protect their profits. The lawsuits ask judges to order companies that have profited from the extraction and sale of fossil fuels to pay for the costs their products have imposed on the taxpaying public.
Recently, the U.S. Supreme Court agreed to hear one of these cases, Suncor Energy v. Boulder County, in the term beginning in October 2026. In their appeal to the Supreme Court, the oil companies are asking the nation’s highest court to block state courts from even considering holding the companies liable for climate-related damages.
The effort to block liability is part of a decades-long strategy by the conservative legal movement to limit victims’ ability to seek reimbursement for damage caused by corporate irresponsibility. In fact, this type of orchestrated campaign to abuse corporate power goes back well over a century in U.S. environmental legal history.
As professors with decades of experience analyzing environmental law, we believe this effort misreads the U.S. Constitution, misunderstands judicial precedent and misrepresents the role of courts in a federal system.
Read the full commentary in The Conversation.
