Overview
- The Court heard oral argument Monday with eight justices after Justice Samuel Alito recused himself, creating a real risk of a 4–4 split that would leave the Colorado ruling in place without a national precedent.
- Justices asked whether the appeal is ripe for Supreme Court review and whether federal law, including the Clean Air Act and constitutional federal powers, bars state‑law tort and consumer‑deception claims seeking damages for climate harms.
- Exxon and Suncor tell the Court that greenhouse‑gas regulation is inherently interstate and foreign in scope and that allowing state lawsuits would conflict with federal authority and the Clean Air Act.
- Boulder says it seeks money for local harms and accuses the companies of deception, likening the effort to past state suits such as tobacco cases and urging that traditional state remedies remain available.
- The decision, expected months from now, will shape dozens of similar suits, affect municipal budgets and recovery plans, and has been shaped by recent DOJ briefs and EPA actions that the justices are considering.