🎸 Happy Monday and happy 83rd birthday to Steve Miller!

• 🎵 Sounds like: "Jungle Love" by the Steve Miller Band

☀️ Today's weather: Sunny skies — highs in the 80s.

📆 Situational awareness: I'm off this week. I'll see you again on Wednesday after the holiday.

Today’s newsletter is 736 words — a 3-minute read.

The Supreme Court is scheduled to hear arguments today in a Boulder case that could determine the fate of state-court lawsuits nationwide seeking climate damages from oil giants.

Why it matters: Boulder is among dozens of state and local governments seeking damages from oil companies for the costs of climate change.

Catch up quick: The city and county of Boulder sued Exxon and Suncor in 2018, seeking to make the companies help pay for local climate-related costs.

• Boulder County commissioners say the lawsuit isn't about regulating emissions or stopping fossil fuel production.
• "The lawsuit seeks to ensure fossil fuel companies pay their fair share for climate-driven harms affecting local communities."

The big picture: The Supreme Court is considering whether federal law prevents Boulder from pursuing those claims under state law, Axios' energy and climate reporter Ben Geman reports.

The other side: Exxon and Suncor argue that claims involving greenhouse gas emissions are governed by federal law and therefore belong in federal court, not state court.

Yes, but: The justices might not answer that question.

• That's because the high court is also considering whether it even has jurisdiction.
• They could instead decide whether they can review the case now, after the Colorado Supreme Court let Boulder's lawsuit proceed.

What we're watching: The outcome could ripple beyond Boulder. A ruling in favor of the oil companies could also jeopardize separate state climate policies.

• New York and Vermont have "climate superfund" laws that assess damages against fossil fuel companies to help fund climate adaptation.
• Both face legal challenges.

Go deeper

The chances of finding a public EV charger are better in Colorado than in neighboring states, my Axios Denver colleague John Frank reports.

Why it matters: U.S. public charging options grew 13% since last year, but that hasn't been evenly distributed, according to HERE Technologies and SBD Automotive's annual ranking.

State of play: Colorado has 71 chargers per 1,000 miles of road, the best in the Southwest, but well behind California and Northeast states.

The latest: To fill system gaps, Gov. Polis' administration recently announced $23.2 million in grants to add 270 fast-charging ports at 35 sites across the state.

• The new locations are crucial to the administration's goals for EV adoption and net-zero emissions by 2050.

What they're saying: "Colorado is the national leader in Electric Vehicle adoption, and part of that is because we are offering a convenient network of fast chargers across the state," Polis said in a statement.

💵 City Council advanced Boulder's 2027 budget last week, including layoffs for 13 city employees as officials look to close a multimillion-dollar budget gap. (Daily Camera 🔑)

• Yes, but: The Parks and Recreation Advisory Board voted against endorsing the plan for its department, citing the possible closure of Spruce Pool in 2028. (Boulder Reporting Lab)

⚖️ A federal judge dismissed a lawsuit challenging Boulder's removal of police oversight panelist Lisa Sweeney-Miran, rejecting her claims that the city retaliated against her for criticizing police and challenging its camping ban. (Boulder Reporting Lab)

💰 The push to save the Jamestown Mercantile has raised about $163,000, makring a new milestone in the community effort to preserve the historic gathering place. (Daily Camera 🔑)

It's officially elk rut season, meaning bull elk are bugling, battling and generally making testosterone-driven decisions in the name of love.

Why it matters: Those hormones make bulls aggressive. Keep at least 75 feet — about two bus lengths — away, and never approach an elk.

If you go: Rocky Mountain National Park recommends Moraine Park, Horseshoe Park, Sheep Lakes and areas along Trail Ridge Road, with elk especially active around dawn and dusk.

• Caveat: Several RMNP meadows, including Moraine and Horseshoe parks, are closed to off-trail travel from 5pm–10am through Oct. 31 to protect the animals during the rut.
• In Estes Park, elk routinely wander through town and onto golf courses — including one particularly surly fellow named Smash.

The bottom line: It's a fun time to watch wildlife, but bring binoculars or a zoom lens. You don't want to be featured in the next viral animal video we share in this newsletter.

🍽️ Mitchell would like to thank everyone who wrote in about the Mitchellins. I'll start next year's research post-vacation.

Thanks to Gigi Sukin for editing.