Boulder’s climate lawsuit against Exxon Mobil and Suncor can proceed for now: the Colorado Supreme Court let the state-law claims move forward, and the U.S. Supreme Court has not yet ruled. The justices are scheduled to hear the companies’ appeal on October 5, 2026, and have also asked whether they have jurisdiction to hear it.
What the Supreme Court case is about
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, No. 25-170, concerns whether Boulder-area governments may pursue state-law claims over alleged climate harms linked to Exxon and Suncor. The companies ask the Court to reverse the Colorado Supreme Court ruling that allowed those claims to proceed. The Supreme Court granted review on February 23, 2026, and directed the parties to address a separate threshold question: whether the Court has statutory and Article III jurisdiction to hear the case. The Supreme Court docket lists the case posture and schedule.
This appeal concerns whether the claims may go forward, not whether the companies are liable or how much they might owe. The allegations have not been resolved by a trial or by the Supreme Court.
Who sued, and what they allege
Boulder County’s case history says Boulder County, San Miguel County, and the City of Boulder filed the Colorado state-court lawsuit on April 17, 2018. The local governments allege that the companies contributed to climate change and concealed risks associated with their products. They seek relief for alleged harms and costs affecting their communities. Those are plaintiffs’ allegations, not judicial findings.
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How the companies and Boulder frame the dispute
The companies’ petition presents the central merits question as whether federal law precludes state-law claims for injuries allegedly caused by the effects of interstate and international greenhouse-gas emissions on the global climate. In their merits brief, they argue that allowing such claims could let state courts and juries shape national climate policy and create conflicting rules. That is the companies’ position, not a ruling by the Court. Their arguments appear in the petition and petitioners’ merits brief.
Boulder’s position, as summarized by the City, is that federal law does not preempt its state-law claims and that the Colorado Supreme Court correctly allowed them to proceed. The City describes the suit as seeking local relief, rather than an order to regulate emissions or stop fossil-fuel production. Those characterizations are the plaintiffs’ arguments, not settled conclusions. The City’s case summary explains its position.
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| Issue | Companies’ position | Boulder’s position |
|---|---|---|
| Federal versus state authority | Federal law precludes state claims tied to the effects of interstate and international emissions. | Federal law does not preempt these state-law claims. |
| Nature of the requested relief | The companies argue state tort claims could allow courts and juries to shape national climate policy and produce conflicting rules. | The City characterizes the requested relief as local, not a request to regulate emissions or halt fossil-fuel production. |
| Clean Air Act and federal common law | The companies argue federal law and related precedents displace the claims. | Boulder argues its state-law claims may proceed. The merits question remains unresolved. |
| Supreme Court jurisdiction | The Court directed the parties to address whether it has statutory and Article III jurisdiction to hear the appeal. | The docket records that the jurisdiction question was added; the Court has not resolved it. |
How the case reached the Court
- April 17, 2018: Boulder County says Boulder County, San Miguel County, and the City of Boulder filed suit in Colorado state court.
- May 2025: The Colorado Supreme Court ruled that federal law did not preempt Boulder’s claims, according to the City’s case summary.
- September 11, 2025: Exxon and Suncor filed their petition asking the U.S. Supreme Court to review whether federal law precludes the state claims.
- February 23, 2026: The Supreme Court agreed to hear the case and added the statutory and Article III jurisdiction question.
- May 14, 2026: The companies filed their merits brief. The docket also records a May 21 invited amicus brief from the Solicitor General at the petition stage.
- July 27, 2026: The respondents’ merits brief was filed after an earlier submission was not accepted and was corrected, according to the docket.
- September 28, 2026: The Clerk filed a letter recording that Justice Samuel Alito would not continue to participate. The docket entry gives no reason.
- October 5, 2026: Oral argument is scheduled. The City’s notice lists a 10 a.m. Eastern start (8 a.m. Mountain); check the live docket for current scheduling information.
What the ruling could—and could not—decide
The Court’s decision will address the legal path for these claims, including the federal-preemption issue and the jurisdiction question it added. It will not, simply by resolving this appeal, establish whether the companies caused the alleged harms or determine damages. If the claims survive the appeal, the underlying case would still need to proceed through further litigation.
The outcome could affect similar state and local climate suits, because the dispute concerns whether state-law claims tied to global emissions can proceed. The extent of any wider effect depends on the Court’s reasoning and ruling; it is not settled in advance.
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