Justice 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 historic legal battles against tobacco companies in the 1990s. The Supreme Court is currently debating whether Boulder’s lawsuit can proceed, specifically whether it is indeed preempted by federal law or unconstitutional, or if it should be allowed to go to trial in state court. The outcome of this case could have broad implications for similar lawsuits initiated by climate activists and Democratic-led jurisdictions targeting oil companies, either enabling or blocking such legal actions based on federal legal standards.
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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