In two related amicus briefs filed Tuesday, the Biden-Harris Department of Justice encouraged the U.S. Supreme Court to allow climate lawsuits against American energy companies move forward – but hinted that the legal approach may run into serious obstacles.

While arguing that climate suits are not yet ripe for Supreme Court review, both of US Solicitor General Elizabeth Prelogar’s briefs acknowledge an underlying constitutional problem in the case that may lead to its demise:

“To be sure, petitioners may ultimately prevail on their contention that respondents’ claims are barred by the Constitution … to the extent the claims rely on conduct occurring outside Hawaii.” (emphasis added)

Read the full story at EIDclimate.org.