Justin Smith Speaks with Law360 on U.S. Supreme Court’s Review of Climate Liability Litigation

Of Counsel Justin Smith (Washington, DC) recently spoke with Law360 about the U.S. Supreme Court’s consideration of Exxon Mobil Corp. and Suncor Energy Inc.’s petition to review the Colorado Supreme Court’s decision allowing the City and County of Boulder’s climate change tort suit to proceed in state court.

“7 Enviro Cases To Watch At The Supreme Court,” highlights how the Court’s review could shape the future of climate liability litigation. Boulder has asserted claims for nuisance, trespass, unjust enrichment, and civil conspiracy, seeking damages for harm linked to the production, promotion, refining, marketing, and sale of fossil fuels. Exxon and Suncor, however, argue that the claims are preempted by the federal Clean Air Act and implicate constitutional limits on states’ ability to regulate beyond their borders.

Justin noted that Boulder’s lawsuit is part of a growing wave of climate liability actions brought by states and municipalities against major oil and gas companies. He explained, “if the court grants review, the decision will determine whether the dozens of pending climate change damages suits can proceed, and may also have implications for other state laws addressing damages for climate change.”

Beveridge & Diamond provides oil, gas, chemical, manufacturing, and other industry clients with complex and mission-critical support that enables their businesses to grow and protects against litigation risk. When litigation is necessary, B&D’s office routinely achieves multi-million-dollar settlements, and counseling clients in high-stakes and precedent-setting matters. Nearly two-thirds of B&D’s lawyers have prior U.S. state or federal government experience, including many who served in enforcement-focused roles at EPA and DOJ and state agencies.