Supreme Court Weighs Boulder Climate Lawsuit

The Supreme Court heard arguments in a closely watched case over whether Boulder, Colorado, can use state law to seek climate-related damages from ExxonMobil and Suncor Energy. The companies, backed by the Trump administration, argue that federal law reserves regulation of interstate pollution to Congress and bars state and local lawsuits; Boulder says its claims address local harms and alleged corporate deception. Justices appeared divided, raising questions about both the companies’ arguments and the potential for costly claims or massive liability. Justice Samuel Alito’s recusal leaves the eight-member court facing a possible 4-4 tie, which would leave in place a Colorado ruling allowing Boulder’s case to proceed without setting a nationwide precedent. The decision could shape dozens of similar lawsuits and whether communities can seek compensation for harms including wildfires, flooding and extreme heat.
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