After years of inaction, the Supreme Court is set to take up a state climate case. Previously, the Court declined to intervene when states or municipalities sued fossil fuel companies under state tort laws. However, after significant pressure from the administration, the Court is now scheduled to review ongoing climate litigation brought by the city of Boulder, Colorado. A recent Jenner & Block memo reports the details:
“On February 23, 2026, the US Supreme Court granted certiorari in Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc., No. 25-170, agreeing to hear a case that has drawn the attention of the energy industry, environmental advocates, and the federal government alike. This appeal arises from a 2018 Colorado state court lawsuit brought by the City of Boulder and Boulder County (together, Boulder) against Suncor Energy and ExxonMobil, seeking damages for alleged injuries resulting from the defendants’ production, marketing, and sale of fossil fuels.”
The outcome of this case will have major repercussions for the future of climate litigation. Either state and local claims will be shut down en masse, or such claims will find secure legal footing. Much of the result will boil down to how SCOTUS interprets preemption. The defendants in this case argue that federal energy policy precludes the Plaintiffs from bringing their litigation. The Colorado Supreme Court disagreed with that analysis, allowing the case to continue. Now we’ll finally see how the country’s highest court rules on this issue.
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