Elena Kagan compares Boulder’s climate lawsuit to Big Tobacco lawsuits
Elena Kagan compared Boulder, Colorado’s lawsuits against oil companies over climate change damages to the historical Big Tobacco lawsuits of the 1990s. The U.S. Supreme Court is currently debating weather Boulder’s climate lawsuit can proceed, specifically whether it is indeed preempted by federal law or violates the Constitution, or if it can move forward in state court. This case, Suncor Energy v. Boulder County, has significant implications for similar legal efforts by climate advocates and Democratic-led regions seeking to hold oil companies accountable for environmental damages.
Justice Elena Kagan likened Boulder, Colorado’s lawsuits against oil companies for alleged climate change damages to the litany of lawsuits filed against Big Tobacco in the 1990s, as the Supreme Court considered Monday whether to allow Boulder’s landmark lawsuit to proceed.
The Supreme Court heard oral arguments in Suncor Energy v. County Commissioners of Boulder County over whether the lawsuit is preempted by federal law or not permissible under the Constitution, or if it can proceed to trial in state court. The case is expected to have sweeping ramifications for similar lawsuits that climate activists and Democrat-led jurisdictions have attempted to bring against oil companies, either broadly allowing them to continue or barring them as a matter of federal law.
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