U.S. Supreme Court to hear Boulder County climate lawsuit

The U.S. Supreme Court is scheduled to hear oral arguments on October 5 in Suncor Energy Inc. v. County Commissioners of Boulder County. The case examines whether federal law, specifically the Clean Air Act, preempts state-level lawsuits that seek to hold oil and gas companies financially responsible for climate-related damages.

Boulder County and the city of Boulder filed the lawsuit in 2018, alleging that companies like Suncor and Exxon Mobil misled the public regarding the climate impacts of fossil fuels. The plaintiffs are seeking compensation for costs associated with wildfires, flooding, and droughts.

Beyond the merits of the claims, the Court will address a jurisdictional question regarding whether it has the authority to weigh in on the case before the Colorado litigation reaches a final judgment. Former Attorney General Bill Barr has urged the Court to decide that such climate change lawsuits are a federal rather than a state issue, noting that the potential financial exposure for the energy industry could reach hundreds of billions of dollars.