Bloomberg Law
March 16, 2023, 7:14 PMUpdated: March 17, 2023, 6:49 PM

US Urges High Court to Deny Oil Company Bid in Climate Case (2)

Jennifer Hijazi
Jennifer Hijazi

The US solicitor general urged the Supreme Court on Thursday to deny an oil and gas petition against a Boulder, Colo., climate lawsuit, filing a brief requested by justices in October 2022.

The appellate panel was correct in declining to refashion state-based claims of climate misinformation under federal common law, according to the Justice Department brief.

“Petitioners do not and could not plausibly argue that federal common law completely preempts respondents’ claims,” Solicitor General Elizabeth Prelogar wrote.

This is a marked shift forward in support from the Biden administration. President Joe Biden pledged to “strategically support” the lawsuits during ...