Overview
- The court will hear oral argument in Suncor v. Boulder on Monday, Oct. 5, and Justice Samuel Alito has recused himself, creating a real chance of a 4–4 tie that would leave Colorado’s rulings intact.
- Boulder County sued Suncor and ExxonMobil in 2018, accusing the companies of causing climate harms and hiding risks and seeking damages to pay for local impacts such as wildfires and flooding.
- The companies argue the Clean Air Act and federal authority over greenhouse gases preempt state-law nuisance and related claims, saying uniform federal rules are needed for cross-border emissions.
- Plaintiffs and climate advocates say internal industry documents show long-running deception and that allowing trials would let juries consider liability and recover funds for adaptation, while industry warns of billions in exposure and higher energy costs.
- The court could rule only on whether it can review the case now, decide on preemption and constitutional limits that would affect about 40 similar suits and state 'climate superfund' laws, or tie and leave lower-court paths open with a written opinion expected months after argument.