Hearing the matter in state courts could also allow localities to dictate policy for the country by pressuring companies with penalties, Skinner pointed out. Court rulings could force, for example, people in Arizona to go without products deemed problematic by Berkeley, California.
Lawyers and public officials backing the Boulder case
expressed approval of the Biden administration’s recommendation.
“The Boulder community is already feeling the effects of the climate crisis,” City of Boulder Mayor Aaron Brockett said in a statement. “Fires, floods, and extreme weather not only pose threats to our community, but they are also very costly to taxpayers. The companies responsible for these costs must pay.”
EarthRights General Counsel Marco Simons said in a statement they are “encouraged” by the government’s advice to deny certiorari and hope the Supreme Court will follow it.
The Boulder case, like many other similar ones, is backed by left-wing legal advocacy groups. EarthRights International and the Hannon Law Firm, along with the Niskanen Center, filed the lawsuit against Suncor Energy and Exxon Mobil on behalf of Boulder.
Moreover, even when a public nuisance case is legally weak, companies sometimes settle with cities because it is cheaper than continuing the litigation process,
according to a report by the Alliance for Consumers, which also notes that local governments with budget issues are active in filing public nuisance lawsuits.
“The lawsuits filed by localities over climate change are nothing more than attempts at extorting money from energy companies,” Masslon told the DCNF. “This attempted [extortion] will lead to increased energy prices that will make it tougher for Americans to make ends meet. The only group that will benefit is the plaintiffs’ bar.”
Left-wing cities are suing oil companies in an effort set national policy on climate change through the courts, legal experts said.
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