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Politics · October 7, 2026

Supreme Court wrestles with Boulder’s climate lawsuit against fossil fuel companies

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The Supreme Court began its new term by hearing oral arguments in Suncor v. Boulder, a case determining whether state tort laws can be used to sue oil companies for climate change damages. The justices are considering both the jurisdictional question of whether the case is premature and the broader federalism issue of whether the Clean Air Act preempts state-level claims. The city of Boulder alleges that oil companies misled the public about climate risks, while fossil fuel companies and their supporters argue these lawsuits represent an attempt to bypass Congress and create a nationwide carbon tax through the judiciary.

The Supreme Court began its new term by hearing oral arguments in Suncor v. Boulder, a case determining whether state tort laws can be used to sue oil companies for climate change damages. The justices are considering both the jurisdictional question of whether the case is premature and the broader federalism issue of whether the Clean Air Act preempts state-level claims. The city of Boulder alleges that oil companies misled the public about climate risks, while fossil fuel companies and their supporters argue these lawsuits represent an attempt to bypass Congress and create a nationwide carbon tax through the judiciary.