Supreme Court to Hear Boulder Climate Liability Case Against Oil Companies

  • Supreme Court will hear Suncor Energy and ExxonMobil’s appeal in Boulder’s climate-liability case
  • Around 40 similar lawsuits have been filed by local and regional governments
  • Justice Samuel Alito recused himself after criticism over oil and gas stock holdings

The U.S. Supreme Court is set to hear Suncor v. Boulder on Oct. 5, a case that could shape roughly 40 climate-liability lawsuits brought by cities, states, tribes and other local jurisdictions. Boulder sued ExxonMobil and Suncor Energy in 2018, alleging the companies knowingly contributed to climate change while concealing or misrepresenting the dangers of fossil fuels. The plaintiffs seek damages for hundreds of millions of dollars in losses linked to wildfires, flooding and other extreme weather. The companies argue the litigation is an impermissible effort to regulate greenhouse-gas emissions and impose potentially ruinous liability on the energy industry. The justices will consider whether the Clean Air Act pre-empts Boulder’s state-law claims, whether the Constitution bars them and whether the court can intervene before a trial. The case reached the Supreme Court after the companies failed to move it to federal court and lost dismissal bids in Colorado courts. The Trump administration urged the justices to review the dispute. Justice Samuel Alito recused himself after criticism over his oil and gas stock holdings, leaving open the possibility of a 4-4 ruling that would leave Colorado’s decision intact without creating a nationwide precedent.

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