Nearly a decade ago, Boulder, Colo., sued Exxon Mobil and Suncor Energy over their role in climate change. Now, the Supreme Court will consider whether the groundbreaking lawsuit can go to trial. Its decision will resonate far beyond the Rockies. A win for Boulder would likely clear the way for dozens of similar lawsuits nationwide aiming to extract billions of dollars from the fossil fuel industry. But if the court kills Boulder’s case, that could doom the others, handing a major victory to oil companies.
Boulder’s lawsuit says the two companies should help pay for damage to Colorado, such as worsening heat waves and wildfires, caused by climate change. The companies say the lawsuit should be thrown out because it was filed under state law, when federal law should have precedence. “This is very much the case to watch because it’s at the Supreme Court,” said Michael Pappas, a professor at the University of Colorado Law School.
A small army of business groups, conservative legal theorists, Republican lawmakers, and the Trump administration have lined up to support Exxon and Suncor. They claim letting the case proceed under state law would unleash legal chaos. About three dozen similar cases have been filed by state and local governments, with about two dozen still active. Boulder argues the companies caused physical harm and covered up dangers, and that companies, not taxpayers, should bear mitigation costs, which could reach $37 billion over 25 years.
The companies argue such lawsuits are an attempt to regulate via litigation instead of through Congress. “The stakes in this case couldn’t be higher,” said Elise Otten, a spokeswoman for Exxon. Suncor did not respond to requests for comment.
Source: New York Times Top Stories · Summarized by HeadlinesBriefing