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Supreme Court Takes Up Colorado Climate Case, Orders Briefing on Its Own Jurisdiction

The justices will review a Colorado ruling that let Boulder's suit proceed, with added briefing on whether the Court has jurisdiction.

Overview

  • ExxonMobil and Suncor appealed after the Colorado Supreme Court in May 2025 rejected preemption arguments and allowed Boulder’s state-law claims to continue in state court.
  • Boulder and Boulder County’s 2018 lawsuit alleges the companies misled the public about fossil fuels’ climate risks and seeks damages for costs tied to heat, wildfires, floods and other impacts.
  • The Supreme Court will consider whether federal law, including the Clean Air Act and constitutional structure, precludes state-law claims over harms from interstate and international greenhouse-gas emissions.
  • The Court also directed briefing on whether it has statutory and Article III authority to hear the interlocutory state-court ruling, making jurisdiction a threshold issue in the case.
  • The Trump administration’s Justice Department supports the oil companies’ bid, and with arguments expected in the fall term, a 2026 decision could determine whether dozens of similar suits seeking billions can proceed nationwide.