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Climate change lawsuits face Supreme Court term opener

Isaac Olson
Isaac Olson
October 5, 2026 4:05 pm
Climate change lawsuits face Supreme Court term opener

The Supreme Court began its new nine-month term on Monday as the justices heard arguments in an effort by major oil companies to dismiss climate change lawsuits brought by local governments. The case centers on a lawsuit filed by the city and county of Boulder, Colorado, against Exxon Mobil and Suncor Energy, though the ultimate ruling could impact more than two dozen similar legal actions across the country. Boulder officials argue they face escalating costs to mitigate climate impacts, including wildfire risks exacerbated by extreme heat and drought. Their lawsuit, brought under state law, claims that Exxon and Suncor misled consumers regarding the climate consequences of greenhouse gases produced by their products. The energy companies have denied these allegations and warned that allowing such trials to proceed could expose them to billions of dollars in crippling damages. They argue that climate change is an inherently national and international issue that cannot be litigated in state courts. The case marks the first oral arguments of the new term following the justices’ summer break. Notably, the proceedings occurred with only eight justices after conservative Justice Samuel Alito announced he would step aside from the case. Alito did not provide a reason for his recusal, which followed months of calls from liberal groups pointing to his stock holdings in other oil companies. His absence removes a key vote for the energy sector and raises the possibility of a 4-4 split, which would leave lower court outcomes intact and allow the Colorado litigation to move forward. The oil companies base their defense on two main arguments. First, they assert that under the Constitution, individual states lack the authority to regulate greenhouse gas emissions outside their borders or handle nationwide issues with foreign policy implications. Second, they contend that such lawsuits are preempted by the federal Clean Air Act. Conversely, lawyers for Boulder countered that state courts routinely handle product liability matters with nationwide impacts. They emphasized that the lawsuit does not attempt to cap emissions in Colorado but focuses entirely on allegations of consumer deception. This legal battle unfolds against a backdrop of federal inaction and shifting energy policies, with the current administration supporting the energy companies while climate advocacy groups champion state-level accountability.

Source: nbcnews.com

Isaac Olson

Written by

Isaac Olson

Journalist

Isaac Olson is a journalist with TFR . He worked largely as a newspaper reporter and photographer for 15 years before joining TFR in the spring of 2018.

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