damage

WASHINGTON — The Supreme Court justices sounded wary Monday of state-by-state lawsuits that could impose huge damage verdicts on energy producers for the impact of global climate change.

Instead, several of them suggested these local and state claims may be blocked by the federal Clean Air Act.

“Interstate air and water pollution are matters for federal law,” said Justice Brett M. Kavanaugh. “We don’t have to reinvent the wheel. This kind of pollution is a federal matter unless Congress says otherwise.”

Justice Elena Kagan appeared to agree. State-by-state lawsuits “get in way of how Congress decided to regulate greenhouse gases,” she said.

At issue before the court was the question of whether cities and states may sue oil and gas producers for the damages inflicted by climate change.

California and nearly three dozen states and municipalities have filed such claims, but none have gone to trial.

Last year, the Colorado Supreme Court ruled that Boulder County may sue for damages in a local court.

The Supreme Court agreed to hear an appeal from the oil industry backed by the Trump administration. Its lawyers argued that the Constitution and federal law do not allow for such claims to be resolved in local courts.

Chief Justice John G. Roberts sounded skeptical of opening the door to a wave of climate change lawsuits. “There will be 50 different cities. How would that work out?” he asked a lawyer representing Boulder.

For much of the two-hour argument, the justices struggled over whether federal law imposes a limit on such lawsuits, or instead whether states and their judges are free to seek damages for the harm they have suffered.

They did not signal a clear outcome but most of them sounded as though they leaned toward saying that federal law governs such far-reaching damage claims.

The energy producers turned to the Supreme Court after losing in state court.

They hope the high court will shut down more than three dozen lawsuits seeking damages for the impact of climate change.

So far, judges across the nation have been divided. Some have ruled that federal law preempts or blocks states and counties from suing under state law.

But others, including the Colorado Supreme Court, ruled the lawsuits may proceed under state law.

Justice Samuel A. Alito, a staunch conservative, said he is sitting out the case, presumably because he owns stock in oil companies that would be affected by a ruling.

If the court splits 4-4 and cannot rule, it would be major disappointment for the oil industry because it would allow all the climate-change suits to proceed, at least for now.

WASHINGTON — A judge in the nation’s capital agreed on Thursday to permanently dismiss a criminal case charging a former Olympian with vandalizing the Lincoln Memorial Reflecting Pool, a move that could prevent federal prosecutors from reviving the case under political pressure from President Trump.

D.C. Superior Court Judge Todd Edelman ordered the dismissal of David Hearn’s case with “prejudice,” which would block U.S. Atty. Jeanine Pirro’s office from refiling the felony charge against him. The judge ruled nearly a month after hearing attorneys’ arguments.

Hearn’s lawyers say Trump administration officials have continued to falsely accuse the Maryland resident of vandalizing the reflecting pool despite Pirro’s decision to drop the case on July 31. Trump responded by saying Pirro “choked” and “folded like an umbrella.”

In a court filing in July, Pirro said new evidence produced by the Interior Department showed Hearn wasn’t responsible for damage to the pool’s lining. Pirro’s office attributed the damage instead to a botched installation by a contractor as well as a rush to complete the project in time for this summer’s America 250 celebration in Washington.

Pirro’s admission was an embarrassing setback for the White House. Interior Secretary Doug Burgum has backed Trump’s claims that vandals damaged the pool.

Hearn has said he was on a bike ride on June 19 when he reached in to examine the pool’s newly peeled coating and briefly touched a chunk attached to the side of the pool. But he said he obeyed a park worker’s command to let go of it.

Hearn was charged with one count of property destruction, which carries a maximum prison sentence of 10 years. His lawyers questioned whether prosecutors properly presented the grand jury with adequate evidence to support the charge and the amount of damage alleged by the government.

Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.

Trump, a Republican, appointed Pirro, a former Fox News host, to serve as the top federal prosecutor for the District of Columbia. Edelman was nominated to the bench by Democratic President Barack Obama.

Hearn’s attorneys said the ruling is “a victory for the rule of law and for an innocent American seeking justice” and allows Hearn to “move forward with his life as he deserves.”

“This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted,” the lawyers said in a statement.

Kunzelman writes for the Associated Press.