Is the Fight Against Big Oil Headed to the Supreme Court?

Over the past several years, dozens of cities and states have sued big oil companies, seeking to hold the producers of fossil fuels accountable for their role in causing climate change.

All of the cases follow more or less the same script: they claim that oil companies like Exxon and Chevron deceived the public by concealing their understanding of the devastating effects of global warming, and seek to make those companies pay for the billions of dollars in damages now being caused by rising seas and extreme weather.

So far, none of those cases has gone to trial. But this week, a closely watched case out of Hawaii took what could be a pivotal step toward the Supreme Court and have a cascading effect on the legal fight to hold fossil fuel companies accountable.

The case was brought by the city of Honolulu against Sunoco and other big oil companies in 2020. Last year, the Hawaii state supreme court ruled the case could go to trial. But a coalition of energy firms, including ExxonMobil and Chevron, appealed that decision, asking the U.S. Supreme Court to stop the case from moving forward.

On Monday, the Supreme Court asked the Biden administration’s solicitor general for its opinion on the appeals.

That may sound like a technicality. But to legal experts, it’s a sign that the case has the attention of the justices. The Supreme Court reviews many appeals each year, but only seeks input from the solicitor general in cases it is actively considering taking up.