Supreme Court·Oral argument
Justices appear split over Boulder’s climate suit against oil companies on the term’s first day
The Supreme Court opened its new term Monday with nearly two hours of argument in Suncor Energy v. County Commissioners of Boulder County, and it wasn’t clear whether a majority agreed with the energy companies that federal law bars Boulder’s state-court climate claims, SCOTUSblog reported; with Justice Samuel Alito recused, a 4-4 tie would leave the Colorado Supreme Court’s ruling, letting the case proceed, in place. Chief Justice John Roberts asked what would stop other cities from filing copycat suits, and Justice Clarence Thomas asked whether large fuel retailers could be sued, to which Boulder’s lawyer Kevin Russell said, “Nothing in our theory prevents that,” the Washington Free Beacon and SCOTUSblog reported. The Washington Examiner said a majority appeared open to ending the case on the ground that the Clean Air Act preempts state law, with a ruling expected as soon as early 2027.
- SCOTUSblogCourt sends mixed signals on whether it will allow state-tort suits seeking to hold energy companies liable for climate change to go forward
- Washington ExaminerSupreme Court appears split on allowing Boulder’s costly climate change lawsuit to proceed
- Washington Free BeaconSupreme Court Hears Arguments in High-Stakes Colorado Climate Case