Stories
US Supreme Court Hears Landmark Climate Lawsuit Case
- •The US Supreme Court heard arguments in the Suncor v. Boulder case to determine if climate lawsuits against fossil fuel companies can proceed.
- •Boulder, Colorado sued ExxonMobil and Suncor Energy in 2018, seeking damages for climate change impacts and alleged deception campaigns.
- •Oil companies argue the lawsuit is an unprecedented attempt to use state law to regulate global conduct and greenhouse gas emissions.
- •The court is weighing whether federal law preempts Boulder's claims, if the Constitution bars such suits, and whether it can review the case prematurely.
- •A final decision is expected by next June and could impact dozens of similar climate lawsuits nationwide.
Key Questions Answered
The US Supreme Court is considering whether federal law preempts Boulder's claims, whether the Constitution bars such suits, and whether the court can review the case before a trial has taken place. The justices are wrestling over whether the lawsuit follows the path of corporate accountability litigation or acts as a backdoor attempt to regulate global greenhouse gas emissions.
Boulder sued the oil giants in 2018 claiming they knowingly caused and contributed to climate change while concealing and misrepresenting the dangers of oil and gas. The local government contends it has suffered hundreds of millions of dollars in losses from weather extremes like wildfires and flooding.
An environmental law professor outlined three possibilities: the court could send the case back down as premature, block the damages claims while leaving deception claims intact, or block the entire case to wipe out similar lawsuits nationwide. A decision is expected by next June, and a potential 4-4 split would leave the Colorado ruling in place.
