The Supreme Court’s consideration of climate liability claims brought by state and local governments against energy companies is raising fundamental questions about the relationship between federal environmental policy and state tort law. Although the Environmental Protection Agency has recently argued that it lacks authority to regulate greenhouse gas emissions under certain provisions of the Clean Air Act, that issue appeared to receive relatively little attention during oral arguments.
“I was surprised there wasn’t more discussion of that issue, from either side,” Bracewell’s Jeff Holmstead told Law360. “And the justices acknowledged the issue, but they didn’t really ask questions about it, either.”