Justices weigh Boulder's climate damages suit against Exxon and Suncor
The Supreme Court opened its term Monday by weighing whether Boulder, Colorado, can sue Exxon Mobil and Suncor in state court over climate costs. Eight justices heard the case after Justice Samuel Alito stepped aside. The ruling could decide dozens of similar suits, and a 4-4 tie would let Boulder's case go on.
Who pays for a warming planet? The Supreme Court began its new term Monday with that question. Boulder, Colorado, and Boulder County are suing Exxon Mobil and Canada's Suncor Energy in state court. They want the companies to help pay for heat, wildfires and other climate harms.
Only eight justices heard the case. Justice Samuel Alito stepped aside without giving a reason. That means a 4-4 tie is possible. A tie would leave the Colorado Supreme Court's ruling in place and let the suit move ahead, CBS News reported.
The bench seemed divided. The Washington Examiner called the court split, while the New York Post said the justices appeared skeptical of Boulder. Several justices asked whether the Clean Air Act already blocks such suits. Justice Brett Kavanaugh cited four rulings dating to 1972 that he said make interstate air and water pollution a federal matter.
Chief Justice John Roberts worried about copycat cases. "Presumably if you prevail, the next day a municipality in every single state will file a lawsuit," he told Boulder's lawyer, Kevin Russell, the Post reported. But Roberts also noted that state courts often hear cases about conduct with wide effects.
Justice Elena Kagan compared the case to past suits against tobacco and opioid makers. "This is chapter three," she said. Justice Ketanji Brown Jackson called the court's review "premature."
Kannon Shanmugam, arguing for the companies, called the suit "an unprecedented effort to use state law to regulate global conduct." The Trump administration backs the companies. Russell said Boulder is not trying to cut emissions. Its claim is about deceptive marketing, he said. The companies could keep producing "as much fossil fuels as they like" if buyers are properly informed.
Boulder filed suit in 2018. It is one of dozens of similar cases by states and cities, and the ruling could decide their fate, Grist reported. "It feels very positive," Boulder Mayor Aaron Brockett said at a rally Monday, CBS reported.
A decision is expected by the end of June, the Post said. The Washington Examiner said one could come as soon as early 2027.
What we know: Eight justices heard the case, and a tie would keep Boulder's suit alive.
What we don't: Whether a majority will block it under the Clean Air Act.
Where outlets agree CBS News and the New York Post both report that a 4-4 tie would leave the Colorado ruling in place and let Boulder's suit proceed.
Where they differ The New York Post said the justices appeared skeptical of Boulder, while the Washington Examiner described a court split over both sides' arguments.