The U.S. Supreme Court heard oral arguments on Oct. 5 in Suncor Energy v. Boulder County, a case concerning whether federal law prevents state and local governments from using state law to seek damages from oil companies for the effects of global greenhouse gas emissions.
According to the question presented, the justices are also considering whether the Supreme Court has jurisdiction to hear the companies' appeal at this stage of the litigation. The issue arises because the Colorado Supreme Court's decision came before trial, while the U.S. Supreme Court typically reviews state court cases after a final judgment. If the Court determines that it lacks jurisdiction, it could dismiss the appeal without deciding whether federal law preempts the claims.
Boulder County and the city of Boulder sued ExxonMobil and Suncor Energy under Colorado law, seeking compensation for local costs associated with climate change. The Colorado Supreme Court allowed the lawsuit to proceed. Exxon and Suncor appealed to the U.S. Supreme Court.
