Colorado Supreme Court to hear Boulder climate change lawsuit
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Aïda Amer/Axios
The Colorado Supreme Court will hear arguments Tuesday to determine whether Boulder can pursue a lawsuit against oil giants ExxonMobil and Suncor Energy for damages related to climate change.
Why it matters: The legal case is one of a few in the nation testing whether polluters can be held liable in state courts for fueling climate change.
- If the Boulder lawsuit, first filed in 2018, is allowed to proceed, it would likely lead to a prolonged legal battle and a landmark outcome.
State of play: The oil giants are seeking to overturn a Boulder district court decision that denied their motion to dismiss.
- In legal filings, the companies argue that air and water pollution are regulated at the federal level and they can't be challenged in state courts.
- They note that emissions don't have state boundaries and drift across international borders.
The other side: Boulder County and the city of Boulder contend they don't need to regulate emissions to sue for damages related to climate change-causing pollution, such as the 2010 Fourmile Canyon wildfire and the 2013 floods.
- The lawsuit argues the oil companies hid the impacts of climate change and misled the public in a vast conspiracy.
- The county is represented by EarthRights International, a global activist network.
The big picture: Boulder faces an uphill battle to even argue the merits of the case. Similar cases in New Jersey, New York and Maryland were all rejected because the state lacked jurisdiction to hear the cases.
Yes, but: A legal challenge in Hawaii is moving forward after the U.S. Supreme Court recently declined an opportunity to intervene.
What they're saying: "This is about holding Exxon and Suncor financially responsible for the harm climate change is causing our community," Boulder Mayor Aaron Brockett told the Denver Post. "They have been aware of that effect and now the city is facing who knows how many millions in costs because of it."