In a notable development, the United States Supreme Court has decided to review a contentious case from Colorado involving climate change litigation against major oil and gas companies. The case, Suncor Energy Inc. v. County Commissioners of Boulder County, questions whether the activities of these companies, which Boulder County claims have knowingly accelerated climate change and caused significant property damage, should be adjudicated under state or federal law.
The origin of the litigation lies in Boulder’s assertion that the oil and gas companies are liable for damages due to their contributions to climate change. However, these companies argue that state-law claims conflict with federal environmental laws and the federal government’s domain over foreign policy. The Colorado Supreme Court previously ruled that federal law does not preempt Boulder’s claims, siding with Boulder that a vaguely defined federal interest shouldn’t nullify their case. The state court’s full ruling is documented here.
The oil and gas companies, in their petition to the Supreme Court, argue that allowing cases like Boulder’s to proceed could enable states to claim damages for environmental impacts stemming from resources provided nationwide, potentially infringing on the federal constitutional framework. Their detailed brief can be accessed in the Supreme Court docket.
While the federal government has filed a supportive brief urging the Supreme Court to take the case, Boulder contends that the Court should not intervene, arguing the Colorado judgment is not final and that judicial interference could complicate legislative jurisdiction on environmental issues. Notably, the Supreme Court has requested the parties to also address whether it is indeed within the Court’s purview to hear this case.
Oral arguments are expected to occur in the fall, with a decision tentatively set for 2026. This decision could have significant implications for how environmental lawsuits are handled across various jurisdictions.
The full recounting of the case and its proceedings can be further explored through a detailed analysis on SCOTUSblog.