The United States Supreme Court will on Monday begin its new nine-month term with arguments in a major case involving a bid by energy companies to end a climate-change lawsuit filed by officials in Boulder, Colorado.
The case involves U.S.-based ExxonMobil and Canada-based Suncor Energy, who are asking the justices to dismiss a lawsuit seeking damages for harms caused by climate change.
Boulder city and county governments first filed the suit in 2018, accusing the two companies of contributing to climate change and misleading the public about the dangers of fossil fuels. They are seeking to hold the companies liable for past and future costs linked to climate impacts, including infrastructure repairs, environmental damage, emergency response and public health harms.
The companies argue that the claims should be governed by federal law, particularly the Clean Air Act, and that no single state should be allowed to dictate national policy on a global issue. The Trump administration has backed Exxon and Suncor, arguing that federal law preempts Boulder’s state-law claims.
The Colorado Supreme Court had allowed the case to proceed, prompting Exxon and Suncor to appeal to the U.S. Supreme Court, which agreed in February to hear the matter. The justices will also consider whether they have jurisdiction to review the Colorado decision.
The lawsuit is seen as a test case, as nearly 60 other state and local governments have filed similar suits seeking billions of dollars from fossil fuel companies including BP, Chevron, ConocoPhillips and Shell. Legal analysts say a ruling in favour of the energy companies could lead to the dismissal of many of those cases.
Justice Samuel Alito has recused himself from the case without stating a reason. His financial disclosure for 2025 showed holdings in ConocoPhillips and Phillips 66. With eight justices hearing arguments, a 4-4 tie would leave the Colorado Supreme Court ruling in place.
The court, which traditionally opens its term on the first Monday in October, has a 6-3 conservative majority that has shifted U.S. law significantly to the right in recent years.
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