We Can’t Allow Climate Change to Become a Solely Federal Problem, or We’re Screwed

2 min readThe Supreme Court, and its carefully manufactured conservative majority, began its regular season by completely baffling itself.On Monday, the Court heard oral arguments in the case of Suncor Energy Inc. v. County Commissioners of Boulder County, an important case regarding whether or not local governments can sue large oil companies for the damage they are doing to the climate. The legal arcana involved the ability of local governments to bring tort claims against entities not located within their jurisdiction. That was tough sledding enough. From The New York Times:Most of the arguments regarding the climate change case on Monday were highly technical, focusing on whether federal law blocked these types of lawsuits, and whether the case had reached a point at which the Supreme Court had the power to hear it at all. But justices across the ideological spectrum, including some conservatives, posed skeptical questions to the oil companies....With one conservative missing—Justice Samuel A. Alito Jr. recused himself from the case days before the argument—there was the possibility that Boulder would pick up the single vote from the court’s remaining five conservatives it would need to prevail. A 4-to-4 tie in the case would leave in place a Colorado Supreme Court ruling against the oil companies.An interesting possibility, since the Court’s three liberal justices seemed solidly behind Boulder’s case. But, despite Roberts’s skepticism, the members of the CMCM seemed more concerned with the possibility that ruling for Boulder would open the floodgates.“Presumably if you prevail, the next day, a municipality in every single state will file a lawsuit that will probably copy your pleadings,” said Chief Justice John G. Roberts Jr. “How would you think that will work out on the ground?” Justice Brett M. Kavanaugh likewise raised concerns that the lawsuit and others like it could bankrupt energy companies.And your point is?The fundamental argument raised by the energy companies—and by their ally, the administration—is that the climate crisis is a national problem and, therefore, requires federal solutions. Of course, this particular federal government thinks the whole thing is a hoax, so no action gets taken and Drill, Baby, Drill. "Leave it to the federal government" on the climate crisis works about as well as "leave it to the states" on the question of reproductive freedom. The pea is under one of the shells. Honest.