The case out of Boulder County will likely have implications for those other lawsuits.
“The use of state law to address global climate change represents a serious threat to one of our Nation’s most critical sectors,” attorneys wrote. ExxonMobil said Monday that “climate policy shouldn’t be set through fragmented state‑court actions.”
President Donald Trump’s administration weighed in to support the companies and urge the justices to reverse the Colorado Supreme Court decision, saying it would mean “every locality in the country could sue essentially anyone in the world for contributing to global climate change.”
Trump, a Republican, criticized the lawsuits in an executive order, and the Justice Department has sought to head some off in court.
Attorneys for Boulder had agued that the litigation is still in early stages and should stay in state court. “There is no constitutional bar to states addressing in-state harms caused by out-of-state conduct, be it the negligent design of an automobile or sale of asbestos,” they wrote.
City officials said the case was about dealing with problems people are facing in Colorado. “Our case is, fundamentally, about fairness. Boulder is already experiencing the effects of a rapidly warming climate, and the financial burden of adaptation should not fall solely on local taxpayers,” said Jonathan Koehn, its climate initiatives director.
The Supreme Court also asked the two sides to present arguments on whether the case is truly ready to be heard by the justices. Arguments are expected in the fall.
