The Oil Companies are attempting to avoid this by claiming States do not have the authority to bring claims against them for pollution.

The States, figuring this would be TOCs stance, are attempting to argue this is not about regulation, but about collection of damages as a result of TOCs deceptive practices about the realities of pollution-created downstream effect.

With Alito recused, there is a potential for this to land as a split decision which would allow the current lawsuit to proceed.