In a significant move, the US Supreme Court has asked the Biden administration to offer their perspective on a request from big oil companies to impede litigation that could potentially cost them billions of dollars. This decision, conveyed through a concise order, temporarily halts the progression of the litigation towards trial. The move comes in the wake of an unprecedented pressure campaign from far-right fossil fuel allies, urging the court to intervene.

The Center for Climate Integrity, a non-profit organization advocating for climate accountability litigation, expressed their support for the lawsuits, asserting that it would expose the fossil fuel industry's alleged climate deception for the world to see. One of the cities involved in the litigation is Honolulu, joined by numerous other cities and states, all accusing oil majors of concealing the risks of their products from the public.

In October of last year, Hawaii's supreme court ruled in favor of the prosecution, allowing the lawsuit to proceed to trial. However, the defendants subsequently submitted a petition to the US supreme court in February, seeking a review of the earlier decision. They argued that the cases should be dismissed as emissions fall under federal jurisdiction and are therefore unsuitable for state court proceedings.

While the supreme court receives thousands of petitions each year, making it unlikely for all to be reviewed, the recent weeks saw a surge of pressure from rightwing fossil fuel allies and their blatantly political campaign to support the oil companies' request. The unprecedented nature of this pressure campaign has drawn attention to some groups connected to Leonard Leo, a prominent conservative legal advocate.

Legal experts, such as Professor Patrick Parenteau of Vermont Law School, have expressed surprise at the extent of the campaign's influence on the court. Parenteau referred to it as an overt political effort, unlike anything he had seen before.

The impact of Monday's order on the timeline of the Honolulu case, filed in 2020, remains uncertain. However, it is worth noting that a similar petition concerning a climate accountability case involving Colorado communities was referred to the Department of Justice by the supreme court in October 2022. In March, the solicitor general released an opinion aligning with the plaintiffs. Hence, there is a possibility that the Biden administration's involvement may significantly impact the outcome of the Honolulu case.

While awaiting the administration's input, the oil companies are likely to file motions to halt proceedings in other similar litigations initiated by various cities and states. The lower courts' response to these motions is yet to be determined.

During his presidential campaign, President Biden pledged to support climate litigation strategically through the Department of Justice. Advocates of this cause perceive Monday's order as an opportunity for the Biden administration to fulfill this promise. They argue that the solicitor general should endorse the decision made by Hawaii's supreme court and recommend rejecting the defendants' petition.

The oil companies contend that only federal policy should address greenhouse gas emissions. However, the plaintiffs and their supporters emphasize that the litigation is not aimed at resolving climate change or regulating emissions. Instead, they assert that its purpose is to hold big oil accountable for their alleged deception and compel them to pay their fair share of the damages caused by their actions.

It is noteworthy that Justice Samuel Alito did not participate in the supreme court's consideration of the petition due to his ownership of ConocoPhillips stock, as the company is one of the defendants in the case.