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Whitehouse and Inslee argue on podcast that Supreme Court climate case could shield fossil fuel industry

In a new episode of his podcast, the Rhode Island Democrat and the former Washington governor focused on Suncor Energy Inc. v. County Commissioners of Boulder County, which Whitehouse's office said could upend climate litigation.

U.S. Sen. Sheldon Whitehouse, D-R.I., released a podcast episode Thursday in which he and former Washington Gov. Jay Inslee argued that a climate liability case at the Supreme Court could shield the fossil fuel industry from lawsuits.

The episode, the 11th of the second season of Whitehouse's podcast, "Making the Case," centers on Suncor Energy Inc. v. County Commissioners of Boulder County. Whitehouse's office said the case could "upend the future of climate litigation."

The office argued that the court has already undercut climate legislation by "unleashing dark money" through its Citizens United decision, and climate regulation by striking down the Environmental Protection Agency's Clean Power Plan and, in the office's words, concocting the "major questions doctrine." A ruling against climate litigation, the office said, would complete a "trifecta" and create a "governance-free zone" for the industry.

"After blowing up both congressional efforts to legislate on climate and prior administrations' climate pollution standards, immunizing the fossil fuel industry from litigation is the final target for the Captured Court," Whitehouse said. "It's why Suncor is such an important case, and why Governor Inslee and I are watching this one closely."

The two also discussed what the office described as a climate upheaval that is already "roiling insurance markets."

Whitehouse is the top Democrat on the Senate Environment and Public Works Committee and on the Senate Judiciary Committee's courts subcommittee. His office said he led 90 members of Congress on an amicus brief in the Suncor case arguing that nothing in the Clean Air Act, the Constitution or federal foreign policy prevents states and localities from holding oil and gas companies accountable for climate-related harms.

In May, Whitehouse gave a Senate floor speech that his office said chronicled the fossil fuel industry's "$600 million effort to capture the Court."

The release did not include a response from the fossil fuel industry or the companies involved in the case.

This brief was drafted by AI from a public agency or political press release and published by The New England Signal. Why we use AI for stories like this one.

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