Supreme Court to hear Boulder climate lawsuit arguments

The U.S. Supreme Court is scheduled to hear arguments October 5 in a dispute over whether federal law prevents Boulder, Colorado, from pursuing state-law claims against Suncor Energy and ExxonMobil for alleged climate-related harms. The case concerns whether the lawsuit may proceed, not whether the companies are liable; no trial on the allegations has taken place. Boulder filed the lawsuit in state court in 2018, seeking compensation for costs it says are connected to climate change. The city and county allege that the companies contributed to climate change through producing, refining and marketing fossil fuels, and misled the public about the risks. Those are allegations, not findings established at trial. Suncor and ExxonMobil argue that federal law preempts the claims. They cite the Clean Air Act and constitutional limits on state authority over matters that cross state and national borders. Boulder argues that its claims can proceed under state law and seek monetary compensation, not an order controlling emissions.