Supreme Court Asks DOJ for Views on Request to Block Climate Lawsuits Against Big Oil

Justice Alito Did Not Indicate He Recused Himself from the Case, Even Though He Has Recused Himself from Climate Deception Lawsuits Against Fossil Fuel Companies

Press Releases

October 7, 2024

WASHINGTON, D.C. — The U.S. Supreme Court today asked the U.S. Solicitor General to weigh in on a request from 19 states to stop climate deception lawsuits filed against Big Oil companies by five states — California, Connecticut, Minnesota, New Jersey, and Rhode Island — in their respective state courts. 

Legal scholars have called Alabama, et al. v. California, et al., the request from the Republican attorneys general, “highly unusual,” and the attorneys general of Minnesota, Connecticut, and New Jersey separately called the effort “absurd,” “pure partisan political theater,” and a “desperate stunt.”

In June, the Supreme Court asked the U.S. Solicitor General to weigh in on a separate request to shut down a climate deception lawsuit against fossil fuel companies. In that case, Exxon, Chevron, and other Big Oil companies are asking the Court to overturn a Hawai`i Supreme Court decision that allowed a case filed by Honolulu to move closer toward trial. 

Justice Alito has recused himself from the Honolulu petition and other climate accountability lawsuits against fossil fuel companies — likely because of investments in defendant companies ConocoPhillips and Phillips 66 — but today’s order did not indicate that any of the justices had recused themselves from the case brought by the Republican attorneys general. ConocoPhillips and Phillips 66 are defendants in three of the state lawsuits that that case seeks to challenge: California, New Jersey, and Rhode Island. 

Richard Wiles, president of the Center for Climate Integrity, released the following statement: 

“This meritless, politically driven request is an obvious attempt to shield fossil fuel companies from facing accountability for their climate lies and the monumental damage they’re causing. It should be a no brainer for the Solicitor General to oppose this petition and for the Supreme Court to reject it. Communities deserve their day in court to hold Big Oil accountable.”

Background on Climate Accountability Lawsuits Against Big Oil: 

Ten attorneys general — in California, Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, the District of Columbia, and Puerto Rico — and dozens of municipal and tribal governments in California, Colorado, Hawai`i, Illinois, Maryland, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Washington, and Puerto Rico, have filed lawsuits to hold major oil and gas companies accountable for deceiving the public about their products’ role in climate change. Earlier this year, the attorney general of Michigan announced plans to take fossil fuel companies to court. 

Alabama, et al. v. California, et al.  was filed by the attorneys general of 19 states: Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.