The long-running effort by cities and counties to make Big Oil pay for climate damage is now headed to the nation's highest court. The Supreme Court said Monday that it will hear a case that could decide whether local governments can use state laws to pursue energy giants like Exxon Mobil and Suncor over global warming, USA Today reports. Boulder, Colorado, and its county government accuse the companies of downplaying the climate impact of fossil fuels and want them to help cover local costs tied to a warming planet. The companies, supported by the Trump administration, are seeking to overturn a 5-2 Colorado Supreme Court decision allowing the lawsuit to proceed.
The firms deny wrongdoing and argue that climate policy can't be set piecemeal through local governments pursuing state lawsuits. "Boulder, Colorado, cannot make energy policy for the entire country," the companies' appeal states. Boulder's lawyers argue that the lawsuit, which is still in its early stages, should remain in state court at this point, the AP reports. "There is no constitutional bar to states addressing in-state harms caused by out-of-state conduct, be it the negligent design of an automobile or sale of asbestos," they wrote.
The justices will first weigh whether they even have jurisdiction, and if so, whether federal law—such as the Clean Air Act—blocks such claims. Arguments in the case, Suncor Energy v. County Commissioners of Boulder County, are expected this fall. The administration, meanwhile, is dismantling a key climate research center in Boulder.
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