Colorado Supreme Court Allows Boulder Climate Lawsuit Against ExxonMobil, Suncor to Proceed

The Colorado Supreme Court ruled that Boulder County and the City of Boulder can proceed with their lawsuit against ExxonMobil and Suncor, holding these companies accountable for climate change-related harms and the financial burden on local communities. The court rejected the oil companies' argument that federal law preempts state claims, affirming that the municipalities' nuisance, trespass, unjust enrichment, and civil conspiracy claims are valid under state law. This decision aligns with similar rulings nationwide and marks a significant step toward ensuring fossil fuel companies contribute to the costs of climate adaptation, which are projected to reach hundreds of millions of dollars in Colorado alone. While the majority emphasized that lawsuits seeking damages do not equate to regulation, dissenting justices warned of potential regulatory chaos if local governments pursue such claims broadly. The ruling is seen by local officials as a victory for climate accountability, though industry groups argue that litigation distracts from sustainable energy solutions. The case will return to district court, continuing the legal battle that began in 2018 over corporate responsibility for climate impacts.