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Justices Ketanji Brown Jackson and Sonia Sotomayor questioned whether the Supreme Court has jurisdiction to hear Suncor v. Boulder, a case that could expose oil companies to nationwide climate lawsuits.
Their repeated inquiries suggested the liberal justices may be seeking a procedural exit before ruling on the substantive conflict between state and federal authority.
The Supreme Court began its new term Monday by hearing oral arguments in the case, which centers on whether state tort laws can be used to seek damages from oil companies for climate change harms occurring outside the state or continent.
The case is in an unusual procedural posture because it remains before the Colorado Supreme Court.
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