Supreme Court considers oil firms’ challenge to US climate lawsuits

The US Supreme Court hears arguments Monday in a case that could determine the fate of climate litigation nationwide. Boulder County is suing ExxonMobil and Suncor Energy for climate-related damages in Colorado state court, but the oil companies argue that federal law blocks state courts from hearing such cases. If the justices side with the industry, the ruling could eliminate not only Boulder's lawsuit but dozens of other climate cases brought by governments across the US—what legal experts call a potential "death blow" to climate accountability.

Boulder filed its lawsuit in 2018, claiming the companies concealed what they knew about climate damage from burning fossil fuels and should pay resulting costs. The oil firms argue that federal law, particularly the Clean Air Act, preempts state court jurisdiction, even though the Act assigns primary responsibility for air pollution control to states and local governments. Legal scholars note the industry relies on century-old Supreme Court decisions about "federal common law," a strategy that has historically failed: tobacco companies spent decades unsuccessfully fighting state litigation, and the Supreme Court as recently as April reaffirmed states' authority in environmental cases.