Supreme Court agrees to take up climate lawsuit against energy companies
Boulder jurisdictions won initial victory in Colorado Supreme Court after energy companies argued federal law should preempt local claims
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The U.S. Supreme Court has agreed to take up a climate lawsuit that pits local governments in Colorado against global energy giants ExxonMobil and Suncor.
The high court on Monday officially decided to put the case on its calendar after the energy companies filed a petition to determine whether federal law prevents state-law claims for interstate emissions.
The petition was filed after a May 2025 Colorado Supreme Court decision in the case affirmed the power of local jurisdictions to seek compensatory relief for climate-related damages within state courts.
In this case, the local governments of the City of Boulder and Boulder County are seeking monetary damages for environmental harm such as wildfires and floods, alleging the defendants misled the public about the climate risks associated with fossil fuels.
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The U.S. Supreme Court on Monday agreed to take up a climate lawsuit that pits local governments in Colorado against global energy giants ExxonMobil and Suncor. (Mandel Ngan/AFP via Getty Images, File)
The Colorado Supreme Court ruled that the case could proceed in state court after the energy companies argued unsuccessfully that the claims were preempted by federal law, specifically the Clean Air Act, or should be governed exclusively by federal common law.
The U.S. Supreme Court building is seen at night in this undated photo. (iStock)
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While the Colorado Supreme Court allowed most claims, including public nuisance, trespass and unjust enrichment, to move forward, it dismissed a specific consumer protection claim as time-barred.
The facade of the U.S. Supreme Court in Washington, D.C., on Oct. 3, 2024. (Valerie Plesch/picture alliance/Getty Images)
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A dissenting justice, however, warned that the ruling could create a chaotic patchwork of local regulations on an issue that is inherently international in scope.
The Supreme Court will hear oral arguments in the case during its next term, which begins in the fall.