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yesterday

Colorado Supreme Court Allows Boulder to Pursue Climate Lawsuit Against ExxonMobil and Suncor

The court ruled 5-2 that state-level claims of nuisance, trespass, unjust enrichment, and civil conspiracy are not preempted by federal law, sending the case back to district court.

The Suncor Energy logo is seen at their head office in Calgary, Alberta, Canada, April 17, 2019. REUTERS/Chris Wattie/File Photo
The Office of Attorney Regulation Counsel is an independent office of the Colorado Supreme Court, whose building is seen here. (Denver Post file)
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Overview

  • Boulder County and the city of Boulder filed the lawsuit in 2018, seeking compensation for climate-related damages caused by ExxonMobil and Suncor’s alleged decades-long misrepresentation of fossil fuel risks.
  • The Colorado Supreme Court ruled that Boulder's claims under state common law are not preempted by federal law, rejecting arguments that the lawsuit amounts to regulating greenhouse gas emissions.
  • The case now returns to Boulder District Court for further proceedings, marking a significant step in state-level climate accountability litigation.
  • Dissenting justices warned of potential 'regulatory chaos' and called for U.S. Supreme Court intervention, highlighting concerns over the broader implications of such lawsuits.
  • Similar lawsuits by municipalities across the U.S. have faced mixed outcomes, with the U.S. Supreme Court consistently declining to intervene in state-level climate cases.