The Supreme Court returns to the bench Monday to hear a major case involving an effort by Boulder, Colorado, to hold fossil-fuel producers accountable for climate change impacts. The lawsuit, targeting Exxon Mobil and Suncor Energy, is one of dozens filed by state and local governments seeking damages for harms caused by greenhouse gases. The central issue before the justices is whether federal law bars the litigation from proceeding in state courts. Jonathan Adler, a law professor at William & Mary, noted that a win for Boulder would not guarantee success but would simply allow them to make their case. Filed in 2018, Boulder’s lawsuit alleges that Exxon and Suncor’s conduct and deceptive marketing contributed to extreme heat, wildfires, and ecosystem damage. The energy companies attempted to move the case to federal court and dismiss it, arguing that the Clean Air Act and the Constitution preclude claims addressing interstate emissions. Exxon and Suncor warned that allowing such lawsuits would invite countless conflicting climate policies and undermine government control over foreign affairs. Twenty-six states, including West Virginia, are backing the energy companies, arguing the litigation threatens their policy goals. Meanwhile, lawyers for Boulder urged the Supreme Court to dismiss the appeal or uphold the state high court decision, maintaining that nothing in the Constitution bars the suit and that the case targets deceptive marketing rather than emissions. Justice Samuel Alito recused himself from the arguments due to financial holdings in two other energy companies, leaving open the possibility of a 4-4 tie that would let the lower court decision stand. A final ruling from the Supreme Court is expected by the summer of 2027.
Source: cbsnews.com
