The Colorado Supreme Court has ruled that a lawsuit from the City and County of Boulder against Exxon Mobil and Suncor Energy can proceed, marking a significant development in a case that dates back to 2018. The city and county allege that the two energy companies have knowingly contributed to climate change through their fossil fuel emissions, claiming this contravenes the Clean Air Act.
In a narrow decision, the court voted 5-2 in favor of allowing the case to continue in state court. Chief Justice Monica Márquez and Justices William Hood, Melissa Hart, Richard Gabriel, and Maria Berkenkotter supported this ruling, while Justices Carlos Samour and Brian Boatright dissented, suggesting the case be heard in federal court instead.
Justice Gabriel emphasized that Boulder’s claims are not preempted by federal law, reinforcing that the district court acted correctly by not dismissing these claims. Boulder Mayor Aaron Brockett hailed the decision as a victory for accountability, stating that the community has suffered significantly due to climate change and sees the ruling as a step toward justice and necessary resources for future protection.
Representatives from Exxon Mobil and Suncor have not publicly commented following the ruling. However, attorneys for the energy companies contended that fossil fuels are essential and that multiple factors contribute to climate change. Phil Goldberg, special counsel to the Manufacturers Accountability Project, stated that addressing climate change requires a uniform approach across the nation and internationally.
The Manufacturers Accountability Project, an arm of the National Association of Manufacturers that backs the energy companies, argued that the U.S. Supreme Court should handle lawsuits like Boulder’s, positing that these issues fall under federal regulation and previous legal precedents.
In his dissent, Justice Samour expressed concern that allowing Boulder’s claims to proceed could disrupt federal efforts to regulate interstate air pollution and foreign policies related to the issue. This case is one among many similar lawsuits filed across the country, with varying outcomes in different states. Some courts in New York, New Jersey, and Maryland have dismissed such lawsuits, while the Hawaii Supreme Court recently allowed a case from Honolulu to proceed, and the U.S. Supreme Court opted not to review that decision.
Last year, the U.S. Environmental Protection Agency instructed Colorado public health officials to take stricter actions against Suncor, which faced over $10 million in fines for air quality violations. Marco Simons, an attorney representing Boulder, stated that federal laws do not prevent local communities from seeking damages for harms they attribute to companies.
“This lawsuit is grounded in a legal principle that mandates accountability for the harm caused,” Simons said. He highlighted that the Colorado Supreme Court’s ruling underscores the importance of holding the fossil fuel industry responsible for its contribution to climate change.
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