The Supreme Court opens its new term on October 5, 2026, with Suncor Energy v. County Commissioners of Boulder County, a landmark case testing whether local governments can use state courts to hold oil companies liable for climate change damages. With Justice Samuel Alito recused, an eight-justice court will weigh whether federal laws like the Clean Air Act preempt state-level lawsuits. The decision could determine the fate of dozens of similar multi-billion-dollar climate suits nationwide.
Supreme Court appeal of the Boulder County lawsuit
- ▪Justice Samuel Alito recused himself from Suncor Energy v. County Commissioners of Boulder County, leaving eight justices to hear the case.
- ▪The Trump administration and the Justice Department filed briefs supporting Suncor Energy and ExxonMobil in the Supreme Court appeal.
- ▪The Supreme Court will consider whether it has jurisdiction to review the Colorado Supreme Court's 5-2 decision allowing Boulder's lawsuit to proceed.
- ▪The Supreme Court of the United States will hear oral arguments on October 5, 2026, in Suncor Energy v. County Commissioners of Boulder County.
Legal arguments in the Boulder County lawsuit
- ▪Boulder County argues that the U.S. Constitution allows states to address local harms arising within their own borders under state tort law.
- ▪Suncor Energy and ExxonMobil argue that allowing Boulder's lawsuit to proceed would effectively impose a carbon tax and bankrupt the fossil fuel industry.
- ▪Suncor Energy and ExxonMobil argue that the federal Clean Air Act preempts state-law tort claims regarding global greenhouse gas emissions.
Impact of the Marshall Fire
- ▪The 2021 Marshall Fire in Boulder County caused an estimated $2 billion in total damage.
- ▪Boulder County resident Tawnya Somauroo spent nearly five years rebuilding her fire-resilient home after it was destroyed in the Marshall Fire.
Climate change litigation across the United States
- ▪California joined more than two dozen states and municipalities in 2023 when it sued the five largest oil companies over alleged decades of deception regarding climate change.
- ▪Dozens of similar climate change lawsuits have been filed by states and municipalities across the United States against fossil fuel producers.
Supreme Court emergency docket growth
- ▪Lower court judges have complained that the Supreme Court's quick emergency docket rulings provide inadequate guidance due to a lack of explanation.
- ▪The number of emergency appeals decided by the Supreme Court has ballooned during the Trump administration relative to the merits docket.
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