Momentum Builds for SCOTUS To Take Up Climate Case As the Clock Ticks

Energy companies shot back at the Biden administration’s decision to side with cities and states suing the industry over climate change last week, calling the federal government’s 180 move to support state jurisdiction “shot through with flaws” and driven by “a desire to signal virtue to political bedfellows,” as E&E News reports.

The administration’s Solicitor General, at the order of the Supreme Court, weighed in on the jurisdictional issue in March, arguing that the U.S. Court of Appeals for the 10th Circuit got it right when it affirmed remand of a case brought by the City and County of Boulder and the County of San Miguel, Colorado back to state court.

In doing so, the Department of Justice—in the words of the companies—“casually junked” the previous administration’s position, which backed federal jurisdiction the last time these cases were before SCOTUS.

Importantly, the Boulder petition was distributed for the justices’ April 21 conference, meaning that a decision on whether the high court will review this case may be just weeks away.


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