Exxon and Suncor claim that their clients should be immune from this suit, not because any particular provision of the Constitution grants them immunity, but because state courts are forbidden from hearing climate change lawsuits under something called the “structure of the Constitution.” The oil companies claim that there’s a rule against many state environmental suits buried somewhere in this “structure,” even though it cannot be found in the Constitution’s text.
I know that Republicans forget about all the amendments other than the 2nd, but the 10th might be informative here:
This seems to imply that the “structure of the Constitution” explicitly allows the States to do anything that is not explicitly reserved to the Federal Government.
They generally interpret this is only covering states rights to enforce slavery and other racial oppression