The US Supreme Court has agreed to hear a petition from ExxonMobil and Suncor Energy regarding the appropriate venue for a climate change lawsuit filed against them by the city of Boulder, Colorado, and Boulder County. The Court has requested briefs on whether the case should be handled in federal or state court but has not set a timeline for its review.

Background of the Litigation

The lawsuit was originally filed in Colorado state court in 2018, seeking damages from the companies for their alleged role in increasing greenhouse gas emissions and disrupting the global climate. The oil producers attempted to move the case to federal court, but a US district court in Colorado blocked this move in 2019. This decision was upheld by the Tenth Circuit Court of Appeals in 2020 and again in 2022. Following these rulings, ExxonMobil and Suncor petitioned the Colorado Supreme Court, which ruled in May 2025 that Boulder could proceed with its state-based case. However, the state court agreed to pause its ruling pending the companies' petition to the US Supreme Court.

Arguments from the Parties

In an August filing, attorneys for ExxonMobil and Suncor argued that Boulder "cannot make energy policy for the entire country" and that state law should not be allowed to impose the costs of global climate change on a select group of energy producers chosen by a single municipality. They noted a trend of state and local governments filing similar climate lawsuits since 2017, with an increase in filings in state courts following a 2021 federal appeals court decision that dismissed a climate case against Chevron.

In a November response, Boulder's attorneys countered that states have the authority to provide legal remedies for injuries occurring within their borders, even when arising from out-of-state conduct. Boulder officials stated their case aims to hold the companies accountable for knowingly contributing to climate change, with the local community bearing the mounting costs.

Broader Context and Reactions

The Supreme Court's decision to hear the petition is a development in ongoing legal battles over the role of oil and gas companies in climate change. It follows a recent move by the Environmental Protection Agency to eliminate greenhouse gas regulations established in 2009. ExxonMobil, in a statement, reiterated its position that climate policy should not be set through fragmented state court actions. Boulder's Mayor argued that the Supreme Court should affirm Colorado's right to hold the companies accountable for harm caused within the state. Suncor Energy USA operates a refinery in Commerce City, Colorado, and ExxonMobil has a gas processing plant in Rio Blanco County.