Big Oil's bid to kill Boulder climate lawsuit goes before Supreme Court on Monday
ExxonMobil and Suncor Energy ask the US Supreme Court on Monday to scuttle Boulder's 2018 climate lawsuit, a case that could decide the fate of nearly 60 similar suits seeking billions of dollars.
The US Supreme Court will hear arguments on Monday in a bid by ExxonMobil and Suncor Energy to scuttle Boulder, Colorado’s 2018 lawsuit seeking to hold the oil giants liable for driving climate change and misleading the public about fossil fuel risks. It opens the court’s new nine-month term, with arguments starting at 10am Washington time (8am Mountain), according to Boulder County.
Nearly 60 state and local governments have brought similar suits seeking billions of dollars, Exxon and Suncor told the justices, and a ruling for the companies could see many dismissed. President Donald Trump’s administration backs the companies, arguing federal law precludes Boulder’s claims.
“The stakes are enormous here. There are billions of damages that are sought,” attorney Deepak Gupta said during a Georgetown Law preview. “And the underlying subject here is maybe the most consequential thing we could be litigating.”
Saikrishna Prakash, a University of Virginia law professor who filed a brief supporting the companies, warned at a George Mason University preview that the implications would reach well beyond the two defendants: “If Boulder can attach liability to these two companies, I think it can attach liability to thousands of others as well.”
The justices must decide whether federal law precludes certain state-law claims over greenhouse gas harms, and whether the court has jurisdiction at this stage. Justice Samuel Alito will not take part following his 28 September recusal. Boulder sued in April 2018; Colorado’s Supreme Court ruled in May 2025 that federal law did not pre-empt the claims, prompting this appeal.
Sources
- Reuters, “Facing climate lawsuits, Big Oil again turns to US Supreme Court” (30 September 2026): https://www.reuters.com/legal/government/facing-climate-lawsuits-big-oil-again-turns-us-supreme-court-2026-09-30/
- Boulder County, “U.S. Supreme Court to Hear Boulder Climate Case Monday” (28 September 2026): https://bouldercounty.gov/news/u-s-supreme-court-to-hear-boulder-climate-case-monday/
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