The U.S. Supreme Court opened its term by hearing arguments in Suncor Inc. v. Boulder County, a case that could shape how climate lawsuits against fossil fuel companies proceed. Boulder originally sued ExxonMobil and Suncor in Colorado state court in 2018, arguing the companies contributed to climate change and misled the public about its harms, leaving local governments to pay for wildfire, flood, and drought protections. The companies want the case moved to federal court, saying state-level suits would let thousands of municipalities set national energy policy through jury verdicts.
During oral arguments, the justices pressed both sides on whether the case was brought prematurely and whether state law can apply to worldwide conduct. Boulder's lawyer argued that states have long provided remedies for injuries within their borders, even when the harmful conduct originated elsewhere. The companies' lawyer countered that climate change is a major political issue that should be resolved by the political branches, not through fragmented state-court actions.
The source reports that the justices appeared split, with conservative Justice Brett Kavanaugh sounding supportive of the companies and the court's liberal justices likely favoring Boulder. The outcome likely rests with Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett. Because Justice Samuel Alito recused himself, a tie vote would leave the case in the lower courts, delaying a definitive ruling on where such climate suits can be heard.