Supreme Court Opens New Term With Oil Companies’ Bid to End Boulder Climate Suit

WASHINGTON, Oct. 4 (TodayViralUSA) — The U.S. Supreme Court returns to the bench Monday to open its new nine-month term with arguments in a closely watched dispute over whether Exxon Mobil and Suncor Energy must face a lawsuit from Boulder, Colorado, seeking damages for local harms that the city and county attribute to climate change.

The case, Suncor Energy Inc. v. County Commissioners of Boulder County, is the first to be argued this term, which by tradition begins on the first Monday in October. Arguments are set for 10 a.m. Eastern time, according to Boulder County.

Boulder first sued in state court in April 2018. The city and county allege that the two companies contributed to climate change through fossil-fuel production and misleading marketing while concealing the risks, leaving local governments to cope with extreme heat, larger and more frequent wildfires and ecosystem damage. The suit raises five claims under Colorado law, CBS News reported.

Questions before the justices

The central issue is whether federal law bars state-law claims seeking relief for injuries tied to interstate and international greenhouse-gas emissions. The court also told both sides to address whether it has jurisdiction to hear the appeal at all, since the Colorado Supreme Court’s May 2025 ruling allowing the case to proceed came at an early stage. The justices agreed to take the case on Feb. 23, according to Cornell Law School’s Legal Information Institute.

Exxon and Suncor contend that the Constitution’s structure, the Clean Air Act and the federal government’s authority over foreign affairs rule out such claims. In court filings, they warned that leaving the Colorado decision in place would invite every state and thousands of local governments to set conflicting climate policies through their own courts. The Trump administration supports the companies, as do West Virginia and 25 other states.

Boulder argues that its case targets deceptive marketing and production rather than emissions, which it says puts the claims outside the Clean Air Act, and that the global scale of climate change does not strip states of the power to address local damage. The city and county have also asked the court to dismiss the appeal for lack of jurisdiction or, failing that, to uphold the state ruling.

Eight justices, possible deadlock

Justice Samuel Alito has recused himself from the case, the court said last week, without giving a reason. CBS noted that his 2025 financial disclosure listed individual holdings in ConocoPhillips and Phillips 66 but none in Exxon or Suncor. With eight justices participating, a 4-4 split is possible; in that event, the Colorado Supreme Court’s decision would stand.

Boulder’s action is one of dozens filed by states and municipalities seeking money from energy producers over climate-related costs. Even a ruling in Boulder’s favor would only allow the lawsuit to move forward in state court, not decide its merits. Jonathan Adler, a William & Mary law professor who filed a brief backing Boulder, told CBS the question is whether plaintiffs “get to make their case,” and that the scope of any claims could still be narrowed significantly.

A decision is expected before the term concludes in mid-2027, according to Reuters and CBS.