As regular readers of the blog know, there is an ongoing push from the federal government to challenge state-level climate lawsuits. These lawsuits seek restitution from fossil fuel companies for state and local governments recovering from, or future-proofing for, climate disasters. Getting these cases dismissed is a priority for the administration, which recently brought a new case against Minnesota. In the Complaint, the federal government summarizes its arguments, stating:
“Federal law, not state law, exclusively governs regulation of global greenhouse gas emissions. State law is preempted in this area due to the “‘overriding need for a uniform rule of decision’ on matters influencing national energy and environmental policy” and the “basic interests of federalism” enshrined in our Constitution. Id. at 91–92 (cleaned up). Minnesota’s state-law claims are thus preempted, and its reactivated litigation in state court today is currently thwarting the United States’ exclusive authority to regulate interstate air pollution, administer federal law, and conduct foreign affairs.”
Thus far, the tactic of challenging these climate suits has paid mixed dividends. In most cases, the administration’s arguments have been rejected. However, some courts sided with the administration, ruling that the cases are preempted and dismissed them. With a Supreme Court opinion on the matter likely incoming this summer, some have wondered why the administration does not wait for a dispositive ruling. The answer likely lies in the desire for expediency. If the Supreme Court rules in the administration’s favor, then pending cases will be controlled by that opinion. In which case, lower courts will start dismissing these cases en masse. If a case is already filed and pending when that happens, then the process moves faster.
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