The US Supreme Court has asked for the Biden administration’s take on a pending case with implications for how major oil companies defend against lawsuits seeking damages for the toll climate change is having on local communities. Suncor Energy and ExxonMobil in June asked the high court to overturn a ruling that would keep a climate liability case brought by counties in Colorado in state court. Whether or not the Supreme Court decides to take up this matter-and ultimately decide whether state or federal court is the proper venue-will factor into fossil fuel producers’ odds of prevailing on grounds that municipalities’ climate claims are preempted by federal law.
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