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US Supreme Court opens new term Monday with ExxonMobil, Suncor bid to toss Boulder climate suit
The first case of the new nine-month term: ExxonMobil and Suncor Energy ask the justices to scuttle Boulder, Colorado's climate-damages lawsuit; Justice Alito has recused himself over oil and gas stock holdings.
Why it matters
The US Supreme Court begins its new nine-month term on Monday (Oct. 5) with arguments in a major case: oil companies ExxonMobil and Canada's Suncor Energy are asking the justices to scuttle a lawsuit by officials in Boulder, Colorado, seeking monetary damages for harms caused by climate change. It is the first of several important cases teed up for the term, with disputes over President Donald Trump's immigration policies and state-level bans on assault-style rifles to be heard in the coming months.
Full report
Boulder's city and county governments have accused the two companies of helping drive climate change and misleading the public about the risks of fossil fuels. Boulder aims to hold the companies liable for past and future costs associated with climate change such as infrastructure repairs, environmental damage, emergency management and harms to public health. The Colorado Supreme Court let the lawsuit proceed, prompting the companies' appeal.
The Trump administration has backed Exxon and Suncor, arguing that federal law precludes Boulder's claims. Nearly 60 state and local governments have brought similar suits seeking billions of dollars from fossil fuel companies, the companies told the justices; a ruling in their favor could lead to many of those cases being dismissed.
The companies argue, among other things, that Boulder's claims intrude on an area governed by the Clean Air Act, and that allowing its most far-reaching claims to proceed could give states sweeping power over conduct occurring far outside their borders. Energy companies and trade groups have built a largely winning record before the justices over the past two decades in cases involving climate liability and federal environmental regulation.
Justice Samuel Alito has recused himself from the case. Alito owns stock in several oil and gas companies but not Exxon or Suncor, according to his financial disclosure forms. The decision is expected by the end of June. The court opens its term on the first Monday in October, as is its custom; its 6-3 conservative majority has moved US law dramatically rightward in recent years.
Source: Reuters, Oct. 4.
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