Justices heard arguments Monday on whether Boulder can sue Suncor and ExxonMobil in state court over climate costs. Justice Alito recused, leaving open the chance of a tie.
The US Supreme Court heard arguments on Monday over whether Boulder County can pursue a state-court suit against Suncor and ExxonMobil for local climate costs, a question that could affect dozens of similar cases.
Boulder argues the companies should help pay for damage tied to greenhouse-gas emissions. The companies say federal law blocks state claims over interstate and international emissions. The Bond Buyer said the case, Suncor Energy Inc. v. County Commissioners of Boulder County, is one of the most watched of the 2026-27 term, and that the Center for Climate Integrity counts 32 related suits by states, tribes and local governments.
Chief Justice John Roberts said that if Boulder prevailed, a municipality in every state might file a copied complaint the next day. Justice Elena Kagan compared the claims to tobacco and opioid litigation. Justice Ketanji Brown Jackson asked why the court should not wait until state courts had finished with the claims. Justice Brett Kavanaugh pointed to earlier decisions treating interstate air and water pollution as matters for federal law.
Justice Samuel Alito recused himself about a week before the argument after calls to step aside because he owns oil-company stock, CBC reported. His absence leaves eight justices and the possibility of a 4-4 tie, which would leave the lower-court result in place without a national precedent.
The court did not rule on Monday. A decision is expected later in the term.
People Sentiments Mixed
- Chief Justice John Roberts said a Boulder win could prompt copied lawsuits from municipalities in every state.
- Justice Ketanji Brown Jackson asked why the court should not wait until state courts finished the claims.