WASHINGTON, D.C. – The US Supreme Court kicked off their new term with a case surrounding climate change. A Colorado city has sued two oil companies to pay the state for harm they claimed the companies have contributed to worsening heat waves and wildfires. The ruling could impact beyond Colorado.
The city of Boulder, Colorado, just northwest of Denver, sued Exxon Mobil and Suncor Energy, trying to hold them liable for the impacts of climate change.
The companies argued about the jurisdiction of the case. They said the lawsuit should be thrown out because it was filed under state law when federal law should have precedence.
If the Justices side with Boulder, a law expert said it would allow Boulder’s lawsuit to move forward in court, have discovery and onto trial to see if these companies would be responsible for the climate change impact. The Justices focused on what kind of impact similar cases like Boulder’s could have on energy companies moving forward.
“Questions were asked by the Chief Justice about copycat lawsuits being filed,” said Y. David Scharf, Morrison Cohen LLP chairman. “Justice Kavanaugh raised the question of whether this could bankrupt the energy industry. Those questions go to the heart of whether or not now is the right time the Supreme Court should be deciding this case because the argument has been made it’s too early to decide for the Supreme Court to be weighing in it.”
Justice Samuel Alito recused himself from the case. We’re told it would only take one conservative leaning Justice to side with the more liberal leaning Justices in order for Boulder’s case to prevail. We expect the court to announce their ruling on this case in a few months.
