Supreme Court weighs whether to limit climate change suits in first case of new term

WASHINGTON — The Supreme Court appeared skeptical Monday of allowing Colorado officials to sue fossil fuel producers in state court over the impacts of climate change, opening the 2026-27 term by taking on a case with far-reaching implications for the US energy industry.“Presumably if you prevail, the next day a municipality in every single state will file a lawsuit, copy your pleadings and then there’ll be at least 50 ….causes of action filed.

How do you think that will work out?” Chief Justice John Roberts asked an attorney for the Boulder County Board of Commissioners.“There’s always going to be greenhouse gas emissions affecting every state.”Monday’s case involving Suncor Energy was heard by eight justices rather than the usual nine, as conservative Justice Samuel Alito recused himself following scrutiny over his holdings in oil and gas companies.The case originated in 2018, when Boulder sued Exxon Mobil and Canada-based Suncor demanding they “share a portion of the financial burden their communities must bear in coping with an altered climate brought about in part by petitioners’ tortious conduct.” Both companies argued that federal law prevented the suit from proceeding, but the Colorado Supreme Court ruled last year that the case could move ahead.The justices are weighing both whether the Colorado Supreme Court’s ruling is reviewable and — more importantly — whether the Constitution and federal Clean Air Act prevents Boulder from pursuing its claims in state court.Justice Brett Kavanaugh cited four precedents that he suggested vindicated Suncorp’s position and “make crystal-clear that interstate air and water pollution are matters for federal law unless Congress specifically preserves state law.”Kavanaugh implored Suncorp’s attorney to focus on the Clean Air Act rather than suggesting the Boulder lawsuit undermined the federal government’s control over foreign policy as well as interstate commerce.The energy companies ...