Supreme Court to hear landmark climate litigation case

Climate litigation advocates are developing legal strategies to hold oil and gas companies accountable for alleged climate deception, even if the U.S. Supreme Court limits certain types of lawsuits. During a webinar hosted by the Center for Progressive Reform, legal experts suggested that states could utilize consumer protection and tort laws to pursue damages.

The Supreme Court is scheduled to hear oral arguments in Suncor Energy v. County Commissioners of Boulder County on October 5. This landmark case will determine whether federal law preempts state-law claims seeking damages related to interstate and international greenhouse gas emissions.

The litigation stems from a 2018 lawsuit filed by Boulder County, the city of Boulder, and San Miguel County against Suncor and ExxonMobil. The plaintiffs allege the companies knowingly promoted fossil fuels while misrepresenting or concealing associated climate risks. The companies maintain that these claims are preempted by federal law.