Supreme Court Opens Term With Big Oil's Bid to Block Climate Suits

The Supreme Court opens its new term Monday at 10 a.m. Eastern with Suncor Energy v. Commissioners of Boulder County, a case that asks whether oil companies can be sued in state court for the climate damage their products cause. Boulder, Colorado sued ExxonMobil and Suncor in April 2018, alleging the companies knew what burning fossil fuels would do and misled the public about it. The city and county want money to help cover wildfires, floods and other costs. The companies argue climate change is a national and global problem that only federal law can address.

The case has already survived years of procedural fighting. Two federal courts refused to move it out of state court, and the Supreme Court declined to step in in 2023. In May 2025 the Colorado Supreme Court ruled 5-2 that Boulder's claims can proceed, and on February 23 the justices agreed to hear the oil companies' appeal. The Trump Justice Department is backing the companies. Roughly sixty similar suits by states and localities are pending, according to Reuters and other reporting, so the ruling could reach well beyond Colorado.

One wrinkle: Justice Samuel Alito announced September 28, through the clerk, that he will not take part. He holds stock in several oil companies, though not in Exxon or Suncor according to his disclosures. With eight justices, a 4-4 tie would leave Colorado's ruling in place without setting a national rule.

Notice the pattern: the argument that climate belongs to Washington arrives after the EPA repealed its 2009 endangerment finding in February, leaving local governments asking which door is the right one.

---

Sources: SCOTUSblog, "Court announces cases it will hear in October" (Aug 2026); Colorado Public Radio, "Supreme Court to hear Boulder's climate damages lawsuit" (Feb 23, 2026) and "Colorado Supreme Court allows Boulder climate lawsuit" (May 12, 2025); PBS NewsHour/AP, "Supreme Court agrees to hear arguments from oil and gas companies trying to block climate change lawsuits"; ABC News/AP and Inside Climate News, Justice Alito's recusal (Sept 28, 2026); Associated Press via the Anchorage Daily News, "Public health, green groups sue EPA over repeal of rule supporting climate protections" (Feb 18, 2026).