Supreme Court to Hear Climate Change Preemption Case, Suncor Energy, Inc. v. County Commissioners of Boulder County
The Supreme Court is set to hear arguments in Suncor Energy, Inc. v. County Commissioners of Boulder County, a case that will address whether state-level lawsuits against energy companies for their role in climate change are preempted by federal law. This case, scheduled for the first day of the October 2026 Term, is the first of its kind involving climate change to reach the Supreme Court. The lawsuit was brought by the county commissioners of Boulder County and the city of Boulder against Exxon Mobil Corporation and three Suncor Energy entities in Colorado state court. The plaintiffs are seeking damages for the alleged exacerbation of climate change and its impact on Boulder's property and residents, claiming the companies knowingly contributed to climate change while misleading the public. The Colorado Supreme Court previously ruled that Boulder's claims are not preempted by federal law, noting that the federal Clean Air Act does not expressly preempt such state tort liability, nor does it imply field o...