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Freedom251 › Blog › Climate Litigation

2 Supreme Court Cases to Watch in October 2026

By Freedom251 Team · · 3 min read

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The Supreme Court is scheduled to hear Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County on October 5 and Salazar v. Paramount Global on October 14. The first concerns whether federal law blocks state-law climate-damages claims, although the Court may address jurisdiction before reaching that question. The second concerns who qualifies as a “consumer” under the federal Video Privacy Protection Act (VPPA).

October 2026 argument schedule

The Court’s October argument calendar, amended September 14, lists arguments on October 5–7 and October 13–14. These two cases are among the cases set for argument this month; scheduled dates can change, so check the calendar for updates.

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Case Scheduled argument Central issue
Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County Monday, October 5 Whether federal law preempts state-law climate-damages claims; the Court may first consider whether it has jurisdiction to review the state-court decision.
Salazar v. Paramount Global Wednesday, October 14 How the VPPA defines a “consumer” in relation to goods or services from a video tape service provider.

What is the Supreme Court climate case about?

The Boulder lawsuit and the legal question

The City and County of Boulder sued Exxon and Suncor in 2018 over climate-related harms. The issue drawing national attention is whether federal law preempts state-law claims seeking damages for effects associated with interstate and global emissions. The case is part of a broader wave of state and local climate litigation against oil companies, but the claims and legal theories vary among lawsuits.

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Why the Court might not decide preemption

A threshold question may come first: whether the Supreme Court has jurisdiction to review the Colorado Supreme Court decision that allowed the Boulder case to proceed in state court. If the Court resolves the case on that procedural issue, it may not reach the federal-preemption question.

Axios reported on October 2 that Justice Samuel Alito recused himself. The report did not state why. A recusal is not an explanation of the merits or a prediction of the outcome.

What a ruling could affect

If the Court reaches the preemption issue, its decision could shape whether state and local governments can pursue climate-related damages claims. Axios also described possible implications for separate state climate policies, but did not quantify them. The outcome and its practical reach depend on the Court’s reasoning; the case should not be described as certain to settle the broader climate-litigation landscape.

What is the Paramount Supreme Court case about?

The VPPA consumer-definition dispute

Salazar v. Paramount Global concerns the meaning of “consumer” under the Video Privacy Protection Act, a federal privacy law. A Supreme Court Case Tracker calendar summary frames the question this way: does “goods or services from a video tape service provider” include every good or service that provider offers, or only its audiovisual goods or services?

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That distinction could matter when a person uses a service connected to a video provider but not necessarily the provider’s audiovisual offering. The specific legal arguments and practical reach should be understood from the Court’s docket and the parties’ briefs; the available issue description is a secondary tracker summary rather than a reviewed primary filing.

Why it matters beyond the parties

The case is a statutory-interpretation dispute with potential relevance to privacy claims involving video services. Its significance turns on how the Court reads the VPPA’s consumer definition. The materials available here do not establish a quantified downstream effect or justify a broader prediction about all online privacy claims.

How to follow the arguments

The Supreme Court says it typically holds two arguments per day beginning at 10 a.m. Its oral-argument information explains that arguments let the justices question attorneys and give counsel a chance to highlight important points. The Court livestreams argument audio and posts recordings later; transcripts are generally posted on the afternoon of the argument.

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Other October cases and a separate immigration case

The October calendar also lists Johnson v. United States Congress, Anderson v. Intel Corp. Investment Policy Committee, Department of Air Force v. Prutehi Guahan, and Beaird v. United States. The calendar establishes their captions and dates, but the issue details here are not sufficient to summarize what they involve.

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The immigration detention case the Associated Press reported on October 1 is different: the Court agreed to review a policy denying bond hearings to immigrants, with argument expected in the coming months. It is not listed on the October argument calendar, so it should not be confused with the October cases unless the Court later updates its schedule.

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Climate Litigationlegal newsprivacy lawSupreme CourtVideo Privacy Protection Act

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