Russell argued that Boulder’s claim does not seek to limit pollution, and that there is nothing in the Clean Air Act or the Constitution that would bar states from taking actions that have a secondary effect of reducing pollution, such as imposing a gas tax or, in this case, seeking damages from oil companies.
Justice Samuel Alito was not at the hearing after recusing himself last week. While Alito gave no explanation for the decision, he had been under pressure to do so because he owns stock in oil companies that are party to other lawsuits that would be affected by the court’s decision.
Alito’s absence leaves open the possibility of a tie vote, which would allow the case to move forward.
Supporters of the case held rallies outside the court, calling on the justices to let it proceed.
“Boulder, like other cities and counties across the country, is confronting realities associated with climate change every day, from wildfires and floods to drought, extreme heat, and growing pressures on our water and infrastructure,” said Boulder’s city manager, Nuria Rivera-Vandermyde, in a statement after the hearing. “The legal question before the court is whether taxpayers must bear these costs alone or must the defendants also pay their fair share for the harms they have caused.”
Many conservative groups and politicians have filed briefs supporting the oil companies, and the Trump administration presented arguments to the justices on Monday.
Boulder won supportive briefs from not only climate advocacy groups and Democrats but also many academics and former Environmental Protection Agency officials, including some appointed by Republican presidents.
Many of the cases brought by states and local governments have been paused pending the outcome of the Supreme Court’s ruling in the Boulder case. The decision, expected by the end of the court’s term in June, could bring those claims to an abrupt halt or set the stage for trials to finally begin.
Nicholas Kusnetz is a reporter for Inside Climate News. Before joining ICN, he worked at the Center for Public Integrity and ProPublica. His work has won numerous awards and citations, including from the Society of Professional Journalists, the Society of Environmental Journalists, the Overseas Press Club, the Society of American Business Editors and Writers, and others. His articles have appeared in more than a dozen publications, including Wired, The Washington Post, Businessweek, The Nation, and The New York Times. Nicholas can be reached on Signal at nkusnetz.15.
This story originally appeared on Inside Climate News.