Where are those State's Rights people on this?
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.
Its a hail mary but if it works it can save a lot of lawyer time and possibly disrupt the entire trial process, saving the defendant a lot of money.
Ars is amplifying it for outrage bait, but it's nothing notable unless it works.