The U.S. Supreme Court is scheduled to hear Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, No. 25-170, on October 5, 2026. The case asks whether federal law blocks state-law claims seeking compensation for harms allegedly caused by greenhouse-gas emissions. The Court has also asked whether it has jurisdiction to hear the case. As of October 3, 2026, it has not heard argument or issued a decision.
What is the Supreme Court climate change case about?
Boulder’s lawsuit alleges that Suncor Energy and ExxonMobil violated Colorado law by deceiving the public about their contributions to climate change. The city and county seek unspecified damages to help cover local costs associated with worsening disasters. The suit began in Colorado state court in 2018.
The Supreme Court’s central question is whether federal law preempts, or displaces, state-law claims for injuries allegedly caused by interstate and international greenhouse-gas emissions. That is a question about which law may govern the claims, not a ruling that the companies caused any particular disaster or that Boulder is entitled to damages.
Why do Boulder and the companies disagree?
The dispute turns in part on how to characterize the lawsuit: Boulder describes it as a request for compensation for local harm, while the companies and federal government argue that claims like these intrude on national regulation of emissions.
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| Position | Argument |
|---|---|
| Boulder | The city and county say they seek compensation for costs in Colorado, not an order regulating emissions in other states. Sam Sankar, Earthjustice senior vice president, told the Associated Press: “Boulder County and city aren’t trying to change what’s happening in Texas or New York, they’re trying to get compensation for things happening now in Colorado.” |
| Suncor, ExxonMobil and the federal government | The companies say state-court lawsuits are not an appropriate way to address a global problem. The federal government backs them and argues that the claims indirectly regulate greenhouse-gas emissions in a field it says the Clean Air Act assigns to federal regulation. Federal government attorneys told AP: “No one state can superimpose its own regulatory preferences on the rest — least of all to address a global problem that exists almost entirely outside its borders and affects the world at large.” |
Those are contested positions, not findings by the Supreme Court. Phil Goldberg, special counsel for the Manufacturers’ Accountability Project, told AP: “The problem is that climate change is caused by pretty much everybody living on earth.” The justices have not yet decided whether the lawsuit can proceed or how federal law applies.
What is the separate jurisdiction question?
In addition to the preemption dispute, the Court directed the parties to address whether it has statutory and Article III jurisdiction to hear the case. Article III is the Constitution’s grant of judicial power to federal courts; statutory jurisdiction concerns whether Congress has authorized the Court to hear this kind of appeal. The jurisdiction question could give the justices a procedural route to resolve the case without reaching the broader preemption issue, the Associated Press reported.
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What does the Marshall Fire have to do with the lawsuit?
The Marshall Fire occurred in 2021, three years after Boulder filed its complaint, so it did not prompt the original lawsuit. It illustrates the kinds of local disaster costs involved in the broader debate. The Associated Press reported that climate change was considered a factor in the fire, which destroyed resident Tawnya Somauroo’s home. AP estimated total damage at $2 billion and described it as the costliest wildfire in Colorado history; that is an estimate, not a final audited loss figure.
Somauroo told AP: “We lost our homes and they left us to figure out for ourselves how to make our neighborhoods safe again.” AP reported that she rebuilt with fire-resilient features, including careful landscaping, metal fencing and flame-resistant siding. Those details describe her experience; they do not establish that any single measure prevents wildfire loss.
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When will the Supreme Court hear the Boulder climate case?
Oral argument is scheduled for Monday, October 5, 2026, for one hour. The Court granted review on February 23, 2026. The Colorado Supreme Court decided the case on May 12, 2025. The hearing list names Kannon K. Shanmugam for the energy companies, Kevin K. Russell for Boulder, and Sarah M. Harris, Principal Deputy Solicitor General, for the United States as amicus curiae.
The Associated Press reported that Justice Samuel Alito recused himself shortly before argument because he owns stock in oil companies. With eight justices participating, a tie is possible; the result and its consequences remain uncertain.
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Chris Winter, executive director of the Getches-Wilkinson Center, told AP: “Local county municipal governments play a very important role in helping front line communities adapt to climate change. This case could very well set a precedent.” What precedent, if any, the case will establish depends on the Court’s eventual action; no outcome or broader effect is settled before argument.
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Where to follow the case
- Supreme Court docket No. 25-170 for the case record and current status.
- The Court’s questions presented, including the preemption and jurisdiction issues.
- The October 2026 argument calendar for the scheduled hearing and counsel.
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