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Today’s newsletter is 859 words — a 3-minute read.

Sharp questioning from both sides during yesterday'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 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.

Tell an activist

Political causes and candidates are increasingly paying social media influencers in Colorado to reach voters, Axios Denver's Alayna Alvarez reports.

Why it matters: Ahead of November's election, political pitches are popping up alongside food recs and lifestyle content, blurring the lines between opinion, grassroots support and paid promotion.

Driving the news: Backers of the Colorado Connector passenger rail project, namely RTD, used taxpayer money for an August publicity blitz that included paid Instagram and TikTok influencers, Denverite reports.

• It's unclear how much of the $1.3 million media-buying budget went directly to creators.

By the numbers: The campaign planned to hire more than 20 influencers to produce 60-plus posts targeting travelers, foodies, athletes and other audiences, per an internal slide deck Denverite obtained.

• Many of the videos Denverite reviewed didn't initially disclose sponsorship, including more than a dozen without any disclosure. Others used labels like "#CoCoPartner."

Go deeper

Two people died in a single-engine plane crash in rugged terrain north of Eldorado Canyon State Park on Sunday night.

• Rescuers reached the site at noon yesterday after hours of searching to locate the wreckage. (Daily Camera)

🚧 The city began work on a $76.5 million flood mitigation project aimed at protecting vulnerable parts of southeast Boulder. (9News)

• Meanwhile, a group of residents suing to stop the city from financing the project with stormwater fees has asked the state supreme court to intervene. (Boulder Reporting Lab)

🚲 Police recovered nearly a dozen high-end bikes and scooters after three arrests since Sept. 20, including one involving a bait bike and drone surveillance.

🗳️ Boulder County's election system passed its required logic-and-accuracy test after bipartisan observers confirmed that equipment correctly processed 3,628 test ballots.

• Ballots were mailed last Friday and may arrive this week, while county vote centers open starting Oct. 19. (Boulder County)

Boulder's annual snow plow naming contest is going collegiate this year.

The big picture: For its sixth annual run, the contest is expanding beyond K-12 students to include college and university students in the city.

How it works: The city's accepting submissions through Oct. 18, with this year's names inspired by snow and movies.

• Boulder will pick 17, one for each plow.
• Winners walk away with bragging rights, an extreme sense of civic pride, and an invite to an official naming ceremony in November.

Of note: Puns are not only welcome but encouraged.

Flashback: Sleetwood Mac, Austin Plowers, Sleet Dreams and Buzz Iceclear were among the winners last year.

🍂 Mitchell is probably making leaf piles and jumping in them.

Thanks to Gigi Sukin for editing and Ned Oliver for standing in for Mitchell.