The United States Supreme Court has agreed to hear arguments in a climate accountability lawsuit brought by the city of Boulder, Colorado, against Suncor Energy USA and ExxonMobil. This marks the first time the high court has weighed in on such a case, with potential implications for a wave of similar climate litigation across the country.
The lawsuit, initially filed in state court, alleges that the oil companies deceived the public about the climate-warming nature of their products. After Colorado's supreme court refused to dismiss the case, the defendants petitioned the US Supreme Court, arguing that federal law pre-empts the claims.
If the Supreme Court rules against the companies, it could embolden other governments to file similar lawsuits. However, legal experts warn that a ruling in favour of the oil companies could void not only the Boulder case but also more than a dozen others making similar claims. “The expectation is that [the justices] are probably going to give the oil companies some kind of win,” said Pat Parenteau, a professor of environmental law at Vermont Law and Graduate School.
The court has also directed the parties to address whether it has jurisdiction to hear the case at this time. Alyssa Johl of the Center for Climate Integrity noted that the decision signals uncertainty among the justices. “The court should uphold what the Colorado supreme court and others have made clear: communities like Boulder have the right to seek accountability in their state courts,” she said.
Meanwhile, the court's decision to take up the petition could slow proceedings in other climate cases as lower courts await guidance. “At a minimum, it’s going to freeze all these cases,” Parenteau said, adding that the outcome remains uncertain.
