Supreme Court Opens Term Hearing Boulder Climate Lawsuit Against ExxonMobil and Suncor
The Supreme Court opened its new term Oct. 5 by hearing Boulder County's bid to pursue state-law climate damages against ExxonMobil and Suncor, a case that could affect dozens of similar suits nationwide.
WASHINGTON — The Supreme Court opened its new term on Monday, Oct. 5, with nearly two hours of argument over whether Boulder, Colorado, can use state law to seek climate-change damages from ExxonMobil and Suncor Energy, according to USA Today and Reuters coverage of the hearing.
At issue is whether federal law bars Boulder’s claims. Boulder’s city and county governments say the companies misled the public about fossil-fuel risks while contributing to harms the local governments must pay for, including wildfires, flooding, extreme heat and related infrastructure, emergency and public-health costs, according to Reuters. The companies deny liability and argue that air-pollution regulation is a federal matter, a position backed by the Trump administration, Reuters reported.
Questions from both sides of the bench
The justices gave no clear signal on the outcome, USA Today reported. Chief Justice John Roberts pressed lawyers on both sides — asking why this case should differ from other instances where state courts hear claims about out-of-state conduct, and also asking what would follow if municipalities across the country filed copycat suits, according to Reuters.
Justice Brett Kavanaugh pointed to prior rulings assigning interstate air and water pollution to federal law, Reuters reported, while Justice Elena Kagan asked why climate suits should be treated differently from other state-law cases, according to USA Today. Justices Sonia Sotomayor and Ketanji Brown Jackson raised whether the court should be deciding the dispute at this early stage at all, both outlets reported.
Why the ruling reaches far beyond Colorado
Nearly 60 state and local governments have filed similar suits, according to the companies, so a ruling for ExxonMobil and Suncor could lead to many dismissals, Reuters reported. The case is Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, No. 25-170.
Justice Samuel Alito recused himself, leaving eight justices to decide and raising the possibility of a 4-4 split, which would leave the Colorado ruling in place without a national precedent, USA Today reported. A decision is expected by the end of June.
Reporting based on coverage by USA Today and Reuters (via 101 WIXX).
