Supreme Court opens new term with arguments in Boulder climate case
Version 3: Fresh reporting adds that the justices appeared skeptical of Boulder’s suit after the opening arguments, along with live coverage of the hearing and Fox News framing of the case as “climate lawfare.”
In short
The Supreme Court opened its new nine-month term on Monday, Oct. 5, hearing arguments in a lawsuit by the city and county of Boulder, Colorado, that seeks to hold ExxonMobil and Suncor Energy liable for local costs of climate change. The justices are weighing whether federal law bars Boulder’s state-court suit, a decision that could affect more than two dozen similar cases around the country and involves billions of dollars. The New York Post reported that the justices appeared skeptical of allowing Boulder to sue fossil fuel producers.
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The Supreme Court opened a new nine-month term on Monday, Oct. 5, with arguments in a climate change case brought by the city and county of Boulder, Colorado, against ExxonMobil and Suncor Energy, according to CBS News, NBC News, PBS NewsHour, ABC News and The Associated Press. CBS News reported the argument concerned a lawsuit Boulder filed in state court seeking to hold energy companies accountable for the effects of global climate change, and that the question before the justices is whether federal law prevents Boulder County from suing in state court. NBC News reported the outcome could have broad ramifications for more than two dozen similar lawsuits around the country. [ 3 , 6 , 8 , 10 , 18 , 22 , 23 , 24 ]
Boulder first sued the two oil companies in 2018, years before a wildfire damaged homes in the county, PBS NewsHour reported. The lawsuit, brought under state law, says the companies misled consumers about the impact the greenhouse gases their products produce would have on the climate, and sought unspecified damages, according to NBC News and PBS NewsHour. The companies deny the allegations and argue climate change is such an inherently national and international issue that it cannot be the subject of state-court litigation, NBC News reported. In filings cited by CBS News, lawyers for Exxon and Suncor warned that if the suits move forward and succeed they would effectively impose a carbon tax on fossil-fuel producers and “bankrupt” the industry. The AP and ABC News reported the Trump administration backs the companies, arguing the litigation is a power grab intended to impose regulations on emissions. [ 3 , 6 , 8 , 10 , 18 ]
NBC News reported that Justice Samuel Alito announced last week he would step aside from the case, leaving eight justices to hear the arguments, and that he did not say why. Liberal groups had said for months he should recuse himself because he owns stock in other oil companies that could benefit from a ruling for Exxon and Suncor, NBC News reported. Fox News framed the case as “climate lawfare” and said an outside counsel for Boulder’s legal team had described such litigation as effectively imposing a carbon tax. [ 10 , 14 ]
PBS NewsHour reported arguments were expected to begin at 10 a.m. EDT and interviewed Tawnya Somauroo of Louisville, Colorado, whose home burned in a wildfire. “We lost our homes and they left us to figure out for ourselves how to make our neighborhoods safe again,” she said, adding that costs “come out of our pockets.” The New York Post reported that the justices appeared skeptical of allowing Boulder to sue fossil fuel producers. [ 18 , 25 ]
Other cases on the term’s docket include a challenge to state bans on AR-15-style semiautomatic rifles, which ABC News and NBC News said the court will consider in December, and two cases about the Trump administration’s immigration policies, NBC News and the AP reported. ABC News listed religious rights high on the agenda, and Newsweek reported the court will take up a challenge to Arizona voter-registration rules requiring “satisfactory evidence of citizenship.” Newsweek said the court has already agreed to hear about 29 cases, and The Washington Post said readers should also watch for a possible retirement. [ 2 , 6 , 8 , 10 , 11 ]
Why it matters
The ruling could shape more than two dozen similar lawsuits filed by states and localities seeking damages from fossil-fuel producers, with billions of dollars potentially at stake, according to ABC News and PBS NewsHour. The same term includes challenges to state bans on AR-15-style rifles and two cases on the Trump administration’s immigration policies. Several outlets, including The Washington Post and Newsweek, noted questions about the court’s public standing and a possible retirement.
Key facts
- The Supreme Court began its new term Monday, Oct. 5, with arguments in the climate case Suncor Energy v. County Commissioners of Boulder County. [ 3 , 6 , 8 , 10 , 18 , 20 , 21 , 22 , 23 , 24 ]
- The city and county of Boulder, Colorado, sued Suncor Energy and ExxonMobil in 2018 under state law, saying the companies misled the public about climate change, and sought unspecified damages. [ 10 , 18 ]
- The companies deny the allegations and argue climate change is an inherently national and international issue that cannot be litigated in state courts; the Trump administration backs the companies. [ 6 , 8 , 10 ]
- Lawyers for Exxon and Suncor warned that allowing such suits to proceed and succeed would effectively impose a carbon tax and “bankrupt” the industry, according to CBS News, which described billions of dollars as potentially at stake. [ 3 , 6 , 8 , 10 ]
- The docket also includes a challenge to state bans on AR-15-style semiautomatic rifles, which ABC News and NBC News said the court will consider in December, and two cases about the Trump administration’s immigration policies. [ 6 , 8 , 10 , 19 ]
- Newsweek reported the court has already agreed to hear about 29 cases, including a voting rights challenge to Arizona laws requiring voter-registration applicants to provide “satisfactory evidence of citizenship.” [ 2 ]
- The New York Post reported that the justices appeared skeptical of allowing Boulder to sue fossil fuel producers. [ 25 ]
Confirmed by several sources
- The Supreme Court’s new term began Monday, Oct. 5, with arguments in a climate change case brought by Boulder, Colorado, against ExxonMobil and Suncor Energy. [ 3 , 6 , 8 , 10 , 18 , 20 , 21 , 22 , 23 , 24 ]
- Boulder city and county sued the two oil companies under state law, alleging they misled the public about their contribution to climate change. [ 10 , 12 , 18 ]
- The companies deny the claims and argue climate change is a global issue rather than a matter for state-court litigation, with the Trump administration backing them. [ 6 , 8 , 10 ]
- Lawyers for the companies warned that allowing the suits to proceed and succeed could impose a de facto carbon tax and bankrupt the industry, with billions of dollars potentially at stake. [ 3 , 6 , 8 , 10 ]
- Other cases already on the term’s docket involve state bans on AR-15-style semiautomatic rifles and the Trump administration’s immigration policies. [ 6 , 8 , 10 , 19 ]
Still unclear
- Why Justice Samuel Alito stepped aside from the climate case Only NBC News reported it, and the outlet said he did not say why and that the court had told it in May there was no need for him to step aside.
- Who described climate litigation as effectively a carbon tax CBS News attributed the warning that the suits would impose a carbon tax to lawyers for Exxon and Suncor; Fox News attributed a similar description to an outside counsel for Boulder’s legal team.
- Whether the court will take up further cases involving President Trump’s second-term agenda CBS News reported such disputes will be discussed in closed-door conferences and decided only if the court takes them up.
- The exact amount of damages Boulder seeks PBS NewsHour reported the suit sought unspecified damages, while NBC News cited company warnings of damages in the billions of dollars.
- Public trust in the court Newsweek cited polls suggesting Americans find the court increasingly political but did not name them, and only one document mentions polling.
What local media are saying
Timeline, local time
- NPR reports the term kicks off with a blockbuster climate change case. [ 9 ]
- NBC News reports that Justice Samuel Alito stepped aside from the climate case and that arguments will be heard by eight justices. [ 10 ]
- Fox News publishes its list of five cases to watch, leading with the Boulder climate suit. [ 14 ]
- PBS NewsHour reports arguments are expected to begin at 10 a.m. EDT and interviews a Boulder County resident who lost her home to wildfire. [ 18 ]
- The Hill runs live coverage of the opening of the term and the Suncor v. Boulder arguments. [ 20 , 21 ]
- Oral arguments in Suncor v. Boulder County are expected to begin. [ 18 ]
- The New York Post reports the Supreme Court appeared skeptical of allowing Boulder to sue fossil fuel producers. [ 25 ]