Colorado Supreme Court rules Boulder can sue energy giants for climate disasters in state court
The Colorado Supreme Court has cleared the way for a high-profile lawsuit, years in the making, to move forward in state court.
The suit, filed by the City of Boulder and Boulder County, goes after some of the biggest names in the energy sector: Exxon Mobil and Suncor.
The suit claims those companies misled the public for decades about the impact of fossil fuels and should be held liable for damages associated with disasters like the Marshall Fire.
"We feel it is very reasonable for them to then pay a share of the cost for selling these products they knew would cause the impacts that are now being caused," Boulder Mayor Aaron Brockett said. "They profited from that for decades and continue to profit from that."
While the State Supreme Court didn't weigh in on the merits of the case, it ruled 5-2 that the case deserves to be heard in Boulder District Court, finding the claims are not preempted by federal law.
The Ralph L. Carr Colorado Judicial Center, home of the Colorado Supreme Court, is seen on Jan. 2, 2024 in Denver, Colorado.
Chet Strange / Getty Images
"The City of Boulder and Boulder County are experiencing the increased heat, increased drought, risk of wildfires, extreme rain events," Brockett said. "So, it makes absolute sense that this case would be heard in the district court of the area where the impacts are happening."
Exxon Mobil and Suncor insist they haven't misled anyone. The causes of climate change, they say, are varied and have been widely understood for decades.
They also claim climate change is a global phenomenon, and, as such, isn't subject to state law. Instead, they argue that regulation of interstate emissions, like interstate commerce, falls under federal jurisdiction. Justices Carlos Samour and Brian Boatwright agree.
The Suncor refinery is seen in Commerce City, Colorado on March 30, 2023.
RJ Sangosti/The Denver Post via Getty Images
In his dissenting opinion, Samour said, in part, "permitting Boulder to proceed with its claims will interfere with both our federal government's regulation of interstate air pollution and our federal government's foreign policies regarding air pollution."
Brocket insists they aren't trying to regulate the companies, but rather hold them accountable for their share of past and future damages. He says the court will decide the amount of those damages based on the companies' culpability.
"We're really looking forward to moving to the next phase and discovery, and find out what they knew when they knew it," he said. "If we are successful in this effort, I think it's going to make a very strong statement to the country as a whole."
Energy companies have managed to get many similar cases thrown out in other states, but Hawaii's Supreme Court allowed a similar lawsuit filed by the city of Honolulu to proceed in district court as well, and the U.S. Supreme Court refused to review that decision in January.
Exxon Mobil and Suncor have not said if they will appeal the Boulder case to the nation's highest court.
The trial could start as early as next year and will almost certainly be litigated for several years.
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