US Supreme Court hears bid by oil firms to block Colorado climate lawsuit
The US Supreme Court opened its new term hearing ExxonMobil and Suncor Energy's bid to block a lawsuit by Boulder, Colorado seeking damages for climate change harms. The oil firms argue state law cannot regulate global conduct, while Boulder accuses them of driving climate change and misleading the
The US Supreme Court opened its new nine-month term on Monday by hearing a bid by oil companies ExxonMobil and Suncor Energy to thwart a lawsuit by officials in Boulder, Colorado, seeking monetary damages for harms caused by climate change.
US-based Exxon and Canada-based Suncor appealed after the Colorado Supreme Court let Boulder's lawsuit accusing them of state law violations proceed. President Donald Trump's administration has backed Exxon and Suncor, arguing that the federal government's authority to regulate air pollution precludes Boulder's claims.
"This case involves an unprecedented effort to use state law to regulate global conduct," Kannon Shanmugam, a lawyer for the oil companies, told the justices. Boulder is suing the oil companies under Colorado law, Shanmugam added, "on the theory that their global conduct increased the global use of fossil fuels, which led to an increase in global greenhouse gas emissions, which contributed to global climate change, which resulted in global harms."
"Our constitutional system does not permit state law to be used in that manner. The Constitution bars the application of state law to certain inherently federal areas," Shanmugam said. "Because of the ambient nature of air and water and the conflicting rights of states, this court has held for over a century that federal law governs interstate pollution claims. That principle applies with even greater force to claims involving global climate change."
Boulder's city and county governments have accused Exxon and Suncor of helping drive climate change and misleading the public about the risks of fossil fuels. Boulder aims to hold the companies liable for past and future costs associated with climate change such as infrastructure repairs, environmental damage, emergency management and harms to public health.
Nearly 60 state and local governments have brought similar suits seeking billions of dollars from fossil fuel companies, with more continuing to be filed, Exxon and Suncor told the justices. A ruling by the Supreme Court siding with the companies could lead to many of those cases being dismissed. The court has a 6-3 conservative majority. Conservative Justice Samuel Alito has recused himself from participating in the case. Alito owns stock in several oil and gas companies but not Exxon or Suncor, according to his financial disclosure forms. The Supreme Court's decision is expected by the end of June.
