The fate of whether local and state governments can hold fossil fuel companies legally accountable for climate deception was in the hands of the US Supreme Court Monday that was sitting with only 8 judges.
Justice Samuel Alito decided to recuse himself last week in the case of Suncor v. Boulder. This came just days after Consumer Watchdog released new research that showed the two oil companies whose stock he held warned investors and in amicus briefs, through their trade groups, that they would be significantly impacted by the decision.
Other groups had been calling for his recusal for many months, but Consumer Watchdog uniquely made this argument. According to an interview with Alito for his new book, it had an impact on Alito reversing his earlier decision not to recuse.
Alito acknowledged: “There is a second question and that is whether the justice’s financial interest might be substantially affected by the outcome of the case… as the date of the argument approaches and I immersed myself in the arguments that were being made on both sides, I thought through the question again…
And this is a case in which the petitioner and the petitioners’ amici are arguing that a decision against them would start a snowball rolling down a hill which could ultimately lead to devastating consequences for the oil and gas industry. That under those circumstances, the particular circumstances here, the arguments that were being made, I should recuse.
I did it reluctantly, but I thought that was what I ought to do under those particular circumstances.”
The 4-4 split on the court may well preserve state tort law from federal preemption and allow fossil fuel companies to continue to be accountable to state juries. Fingers crossed.
It’s a reminder to speak up when you have something to say. And, as the song goes, sometimes you get shown just a little of the light in the strangest of places if you look at it right.
