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Environment & Climate

Supreme Court to consider whether Colorado climate lawsuit against energy firms belongs in state court

Boulder city and county seek damages from Exxon Mobil and Suncor Energy to pay for local climate adaptation and wildfire protection costs.

Updated Aug 31, 2026 · 18:23 UTC1 reports

The short version

  • The U.S. Supreme Court will determine in October whether a 2018 climate change lawsuit filed by Boulder and Boulder County against Exxon Mobil and Suncor Energy can proceed in state court.
  • The local governments seek financial damages to help cover the costs of adapting to climate change and managing increased wildfire risks, alleging the energy companies misled the public about fossil fuel hazards.
  • Exxon Mobil and Suncor Energy contend that climate change is an inherently federal issue governed by global emissions, arguing state court lawsuits risk creating ruinous industry liability.

Key facts

  • Boulder and Boulder County filed a lawsuit in 2018 seeking damages from Exxon Mobil and Suncor Energy to help defray the costs of climate adaptation and wildfire risk mitigation.[NBC News]
  • The Supreme Court will rule on the procedural question of whether the lawsuit can move forward in state court rather than addressing the underlying merits of the claims.[NBC News]
  • Exxon Mobil and Suncor Energy contend that climate change policy and greenhouse gas regulation are federal matters that state courts cannot adjudicate piecemeal.[NBC News]
  • The Trump administration and eight Republican-led Colorado counties filed briefs backing the energy companies' jurisdictional claims.[NBC News]
  • Colorado Attorney General Phil Weiser filed a brief supporting Boulder on the narrow procedural issue of allowing state courts to consider the case.[NBC News]

What remains uncertain

  • Whether the Supreme Court will rule in favor of the energy companies, which could halt dozens of similar climate lawsuits brought by state, local, and tribal governments nationwide.[NBC News]
  • How trial courts would calculate specific financial damages or apportion liability based on individual energy producers' historical share of global greenhouse gas emissions if the case proceeds.[NBC News]

Sources