Supreme Court kicks off new term with justices torn over Colorado climate case

The case centers on a lawsuit that the city and county of Boulder, Colorado, brought against Exxon Mobil and Suncor Energy, with Boulder officials arguing they face increasing costs because of the impacts of climate change.

Published: October 5, 2026 4:17pm

The United States' Supreme Court kicked off its new term Monday with a climate case questioning whether oil companies should be forced to pay damages for their alleged impact on climate change.

The case centers on a lawsuit that the city and county of Boulder, Colorado, brought against Exxon Mobil and Suncor Energy, with Boulder officials arguing they face increasing costs because of the impacts of climate change.

City and county officials argued the companies violated the law when they allegedly misled Americans about the impact that greenhouse gases produced by their products would have on the climate, according to NBC News. The companies reject the allegations and argue climate change is a national and international issue that cannot be the subject of litigation in state courts.

The Supreme Court justices at Monday's hearing seemed conflicted in the case, with Chief Justice John Roberts wondering how many more cities and counties would launch similar lawsuits if the court allows the Boulder case to continue. 

He also questioned whether Boulder's arguments on consumer deception were warranted, appearing skeptical that it was anything other than Boulder's “effort to reduce emissions." But he also admitted that litigation brought in state court against out-of-state companies over an alleged harmful product is commonplace.

Liberal Justice Elena Kagan also seemed torn over the case and compared it to a wave of lawsuits against tobacco companies and drug manufacturers that sold opioids, which were allowed to proceed.

Conservative Justice Samuel Alito has recused himself in the case but did not give a reason for his decision. However, it comes after liberal groups pushed him because of his investments in other oil companies that could be impacted by the ruling.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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