Boulder climate case gets boost in Supreme Court
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Illustration: Aïda Amer/Axios
Sharp questioning from both sides during Monday's Supreme Court arguments suggested Boulder's landmark climate lawsuit could narrowly survive the court's conservative majority.
Why it matters: The ruling will determine whether Boulder can keep pursuing potentially millions in damages to cover climate-related costs — and could shape the fate of dozens of similar lawsuits filed nationwide.
State of play: All three liberal justices sounded sympathetic to Boulder's case in their questioning.
- Meanwhile, only one of the court's conservative justices, Brett Kavanaugh, "was adamant in his support for the energy companies," per the New York Times.
What they're saying: Some conservative justices sounded worried that a ruling in Boulder's favor would flood courts with climate lawsuits.
- "Presumably if you prevail, the next day, a municipality in every single state will file a lawsuit that will probably copy your pleadings," said Chief Justice John Roberts, per the Times.
- "How do you think that will work out?"
Yes, but: Roberts also challenged the oil companies' arguments that such claims are a matter of federal, not state, law.
- You can rightfully be sued "if you throw a rock over the border" and hit someone, he told the companies' attorneys, the Colorado Sun reports.
The intrigue: Justice Samuel Alito, who owns stock in fossil fuel companies, recused himself.
- A 4–4 tie would leave the Colorado Supreme Court's ruling in place and let Boulder's case proceed, so the city needs just one conservative justice to join the liberal wing.
Catch up quick: Boulder is accusing ExxonMobil and Suncor of deceiving the public for years about the role of their fossil fuel products in climate change.
- The companies argue the claims are preempted by federal law and could expose them to crushing liability.
Reality check: The justices are only deciding whether Boulder's lawsuit can move forward, not if the companies are liable.
- It's still very much up in the air how state courts would rule if the Supreme Court allows the case to proceed.
What's next: A decision will likely come in late June or early July.