US Supreme Court to hear Boulder’s lawsuit against oil companies — The Hill

The US Supreme Court will hear the case Suncor v. Boulder on Monday, which could affect the ability of cities and states to seek compensation from fossil fuel companies for damage linked to climate change. The case concerns Suncor and ExxonMobil’s appeal of a Colorado Supreme Court ruling that allowed the city and county of Boulder to continue their lawsuit against oil companies.

As The Hill reports, the parties dispute whether Boulder’s claims can be heard at the state level. Suncor and ExxonMobil argue that federal law takes precedence over such lawsuits. In court filings, the companies said local authorities are trying to influence US energy policy by holding energy companies responsible for activities on a global scale.

The parties’ positions

Boulder disputes that federal law bars its claims. The city and county’s filings state that states may respond to damage within their territory, even if it is linked to actions outside their borders. The plaintiffs are seeking compensation for losses they link to oil companies’ contribution to global warming.

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Michael Gerrard, academic director of the Sabin Center for Climate Change Law at Columbia Law School, said the future of lawsuits seeking monetary compensation from fossil fuel companies over climate change is at stake. By his estimate, about two dozen similar cases are currently underway in the United States. He also noted that the success of such lawsuits in lower courts could potentially mean substantial payments that would be difficult for companies to make.

Jurisdiction question and judge’s recusal

When the Supreme Court agreed to hear the case earlier this year, the justices also raised the question of whether they have the authority to consider it at this stage. According to Gerrard, if the court decides it lacks such authority, Boulder’s case and other similar lawsuits will continue, and the issue may return to the Supreme Court later.

Justice Samuel Alito recused himself from the case after his financial disclosures showed assets in other oil companies. He told Bloomberg that he considered recusal prudent, though not mandatory. The Trump administration sided with the oil companies, stating that climate-damage lawsuits substantially interfere with the federal government’s exercise of its constitutional and legislative powers.