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US Supreme Court wrestles with oil companies' bid to scuttle climate lawsuit

Justices weighed whether federal law blocks Boulder’s damages claims, a ruling that could affect nearly 60 similar lawsuits nationwide.

  • On Monday, the Supreme Court heard oral arguments in Suncor v. Boulder, a lawsuit where Boulder County seeks damages from Suncor Energy and ExxonMobil for alleged climate change contributions affecting local communities.
  • Boulder County initiated this litigation in 2018, arguing that Suncor and ExxonMobil are liable under local tort laws for public nuisance and failing to warn consumers about extreme weather risks.
  • Chief Justice John Roberts expressed concern about letting individual cities sue, asking whether this would trigger nationwide litigation. Energy companies contend that federal law, specifically the Clean Air Act of 1970, preempts state authority.
  • Justice Samuel Alito recused himself from the case, creating the possibility of a 4-4 split decision. If the court rules against the energy companies, the lawsuit will proceed to state court discovery.
  • According to the United Nations Environment Program, global climate litigation now exceeds 3,000 cases worldwide. Critics, including attorney David Bookbinder, characterize the strategy as a "convoluted way to achieve the goals of a carbon tax.
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Boston Herald broke the news in Braintree, United States on Wednesday, September 23, 2026.
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