Supreme Court Risks 4-4 Split on 36 Climate Lawsuits Against Oil Companies
Updated
Updated · POLITICO · Oct 5
Supreme Court Risks 4-4 Split on 36 Climate Lawsuits Against Oil Companies
3 articles · Updated · POLITICO · Oct 5
Summary
Eight justices heard Suncor v. Boulder after Samuel Alito recused, leaving the court at risk of a 4-4 deadlock over whether federal law blocks local climate-damages suits.
At least four justices sounded skeptical that the Clean Air Act clearly preempts state-law claims, with Elena Kagan and Sonia Sotomayor questioning the oil industry’s text, precedent and timing arguments.
John Roberts showed mixed signals, comparing Boulder’s case to tobacco, opioid and other mass-tort litigation while also warning that a ruling for local governments could trigger suits by municipalities nationwide.
A tie would set no national precedent, allowing some of roughly three dozen cases seeking billions of dollars to keep moving toward trial while others could still be rejected in state courts.
The court also wrestled with whether it should hear the appeal now at all, since the Colorado Supreme Court only allowed the case to proceed; a ruling is expected by late June.
Will a tied ruling at the Supreme Court accidentally unleash a massive wave of climate lawsuits against Big Oil?
Can local communities successfully use the Big Tobacco legal playbook to make fossil fuel giants pay for devastating wildfires?
The $10 Trillion Climate Lawsuit: Supreme Court’s Suncor v. Boulder Case and the Fight Over Who Pays for Global Warming
Overview
Boulder County and the City of Boulder sued Suncor Energy and ExxonMobil, claiming the companies misled the public about climate risks while local damages from disasters like the 2021 Marshall Fire soared. After federal courts ruled such climate lawsuits belong in state courts, the Colorado Supreme Court allowed Boulder’s case to proceed. Suncor and ExxonMobil then appealed to the U.S. Supreme Court, but Justice Alito’s recusal left only eight justices, raising the chance of a 4-4 tie. If that happens, Boulder’s lawsuit moves forward, but other climate cases nationwide remain unresolved, highlighting the high stakes for climate accountability.