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Supreme Court Will Hear Lawsuit Over Blaming Oil Companies for Climate Change


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The Supreme Court agreed to hear Suncor Energy Inc. v. County Commissioners of Boulder County, a climate-change liability case that asks whether federal law preempts state-law claims for injuries allegedly caused by greenhouse-gas emissions. At issue is whether interstate and international emissions can be addressed in state courts, and whether the Court has the jurisdiction to hear such claims. The Colorado Supreme Court had previously ruled that a federal-preemption argument could block Boulder’s lawsuit, suggesting that federal interests in interstate pollution and energy policy might preempt state relief. Oil-and-gas companies contend that allowing state-law remedies for pollution from outside the state would overstep the federal constitutional framework, while Boulder argues the case involves local harms and fairness, noting that climate change is already affecting the community and its taxpayers. The Trump governance supported the oil companies, warning that many localities could sue worldwide for climate-related injuries if the Boulder case proceeds. The Court’s decision to hear the case could have broad implications for similar lawsuits against fossil-fuel producers, with arguments expected this fall.


The Supreme Court said on Feb. 23 that it will consider a complaint from oil and gas companies over lawsuits trying to blame them for climate change.

On Feb. 23, members of the Supreme Court added one new case to their docket: Suncor Energy Inc. v. County Commissioners of Boulder County, according to a report from SCOTUSblog.

At issue is “whether federal law precludes state-law claims seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse-gas emissions on the global climate,” according to the website.

The case also has implications for “whether this court has statutory and Article III jurisdiction to hear this case,” referring to the part of the U.S. Constitution that establishes the federal judicial branch.

The Colorado Supreme Court previously ruled that the oil and gas firms’ efforts to get the case dismissed relied on the argument “that a vague federal interest over interstate pollution, climate change, and energy policy must preempt Boulder’s claims.”

In August, the companies asked the federal Supreme Court to intervene, contending that the lawsuit “provides the Court with its best opportunity yet to resolve one of the most important questions currently pending in the lower courts.”

“Energy companies that produce and sell fossil fuels,” the petition from the firms said, “are facing numerous lawsuits in state courts across the Nation seeking billions of dollars in damages for injuries allegedly caused by the contribution of greenhouse-gas emissions to global climate change.”

“But as the Court has recognized for over a century,” the companies added, “the structure of our constitutional system does not permit a State to provide relief under state law for injuries allegedly caused by pollution emanating from outside the State.”

The Associated Press reported that the Trump administration has offered their support to the oil companies.

The administration urged the Supreme Court to side with the firms, contending that “every locality in the country could sue essentially anyone in the world for contributing to global climate change” under the Colorado Supreme Court decision.

On the other hand, lawyers for Boulder said the case belongs at the state level.

“There is no constitutional bar to states addressing in-state harms caused by out-of-state conduct, be it the negligent design of an automobile or sale of asbestos,” the attorneys contended.

Jonathan Koehn, the director of climate initiatives for Boulder, claimed that climate change is inducing harm locally.

“Our case is, fundamentally, about fairness. Boulder is already experiencing the effects of a rapidly warming climate, and the financial burden of adaptation should not fall solely on local taxpayers,” he said.

Arguments before the Supreme Court are expected to occur this fall.




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