# Supreme Court hunts for a way to kill climate lawsuits > The justices want to shut down state court climate cases but can't find a legal argument strong enough to do it. - Title: Supreme Court hunts for a way to kill climate lawsuits · Vox - Summary: The justices want to shut down state court climate cases but can't find a legal argument strong enough to do it. The Supreme Court heard arguments in Suncor… - Keywords: supreme court, climate lawsuits, suncor energy, boulder county, exxon mobil, state courts, oil industry, chief justice john roberts, climate change litigation, news, culture, Supreme - Source: Vox — https://vox.com/politics/505195/supreme-court-suncor-boulder-climate-change-exxon - Author: Ian Millhiser - Published: 2026-10-05T20:15:44+00:00 - Read time: 3 min - Topics: supreme court, climate lawsuits, suncor energy, boulder county, exxon mobil, state courts, oil industry, chief justice john roberts, climate change litigation, news, culture ## The case that could reshape climate law The Supreme Court heard Suncor Energy v. County Commissioners of Boulder County on Monday. Two oil companies asked the justices to shut down dozens of climate change lawsuits filed in state courts. ## What's at stake for the oil industry If the oil companies win, climate lawsuits in state courts will probably shut down entirely. If they lose, they could face dozens of suits across the country seeking billions of dollars or more. ## Roberts wants them to disappear Chief Justice John Roberts asked the most ambiguous questions at oral argument. He clearly wants these lawsuits to disappear but appeared doubtful that the oil companies' weak legal arguments will allow him to make that happen. ## A recusal that matters Justice Samuel Alito, who owns stock in oil and gas companies, is recused from hearing the case. If all three of the Court's Democrats hold together, Roberts joining them would split the Court four to four. ## A four to four split means no decision If the Court splits four to four, it cannot render a decision. A lower court opinion rejecting the oil companies' bid for lawsuit immunity would remain in effect. ## Other justices are unpredictable Justice Clarence Thomas repeatedly asked whether the Court has jurisdiction to hear Suncor at all. Justice Elena Kagan asked questions suggesting she may be looking for a narrow reason to hand the oil companies a win. ## What Suncor is actually about Boulder, Colorado sued Exxon Mobil and Suncor, which operates two oil refineries in Colorado. Boulder claims those companies should be liable for harms caused by climate change within the county's jurisdiction. ## Sixty similar cases are pending The lawyer for Exxon Mobil and Suncor, Kannon Shanmugam, told the justices there are about sixty similar cases brought by municipal governments throughout the country. ## The legal question before the Court The question is whether state courts, including Colorado's own courts, are forbidden from hearing climate change lawsuits. Roberts noted that state courts hear many lawsuits involving harms that arise across state borders. > there are a lot of familiar situations where conduct outside of a state has broad effects on other states…and yet we allow the state courts in a particular state to bring litigation. ## The oil companies' weak argument The oil companies claim that suits involving air and water pollution are special and preempted by federal law. But their evidence supporting this argument is confusing and difficult to parse. ## Only Kavanaugh fully embraced it Justice Brett Kavanaugh repeatedly claimed that the Court's precedents bar Boulder's lawsuit and seemed to buy what the oil companies were saying without reservation. Most other justices expressed at least some reservations. ## Justices floated alternative theories Justice Amy Coney Barrett suggested the Clean Air Act could be read to preempt these suits. Justice Elena Kagan noted that the law sets up an extremely complicated scheme about how regulations of emissions should operate. > sets up an extremely complicated scheme about how regulations of emissions should operate ## Roberts expressed concern about copycat suits Roberts told Boulder's lawyer Kevin Russell that if Boulder wins, the next day a municipality in every single state will file a lawsuit and copy the pleadings. He asked how that would work out on the ground. > Presumably if you prevail, the next day a municipality in every single state will file a lawsuit, copy your pleadings, and then there will be at least 50…how do you think that will work out on the ground? ## Congress could solve this The oil companies could lobby Congress to draft a statute preempting state court suits. Congress could combine all state lawsuits into one grand federal lawsuit to determine how to portion out climate change costs to various energy companies. ## But the oil companies want the Court instead The oil companies asked the Supreme Court to give them the legal regime they want despite not articulating a persuasive legal argument for that outcome. It remains to be seen whether this Court will give them a win anyway. ## Key takeaway The Supreme Court heard arguments in Suncor Energy v. County Commissioners of Boulder County on whether state courts can hear climate lawsuits against oil companies. The justices appeared divided and skeptical of the oil industry's legal arguments, leaving the case's outcome uncertain.