# Supreme Court wrestles with climate liability lawsuits

> Justices hear arguments on whether oil companies can be sued by cities for climate change damages, with a 4-4 split possible.
- Title: Supreme Court wrestles with climate liability lawsuits
- Summary: Justices hear arguments on whether oil companies can be sued by cities for climate change damages, with a 4-4 split possible. The Supreme Court heard…
- Keywords: supreme court, climate change, boulder colorado, exxon mobil, suncor energy, oil companies, state lawsuits, clean air act, environmental law, politics, news, Supreme
- Source: NBC News — https://nbcnews.com/politics/supreme-court/new-supreme-court-term-begins-climate-change-case-seeking-hold-energy-rcna600247
- Author: Lawrence Hurley
- Published: 2026-10-05T17:11:14.891+00:00
- Read time: 2 min
- Topics: supreme court, climate change, boulder colorado, exxon mobil, suncor energy, oil companies, state lawsuits, clean air act, environmental law, politics, news
## Supreme Court opens term with climate case
The Supreme Court began its new term on Monday hearing arguments in a lawsuit by Boulder, Colorado against Exxon Mobil and Suncor Energy over climate change damages.
## Case could affect dozens of similar lawsuits
Although the Boulder case concerns one specific lawsuit, the decision could have broad ramifications for more than two dozen similar lawsuits brought by cities and counties around the country.
## Justice Alito recuses himself from case
The justices lack a ninth member because Justice Samuel Alito recused himself, raising the possibility of a four four split ruling that would leave legal issues unresolved.
## Boulder faces climate change costs
Boulder officials say they face increasing costs because of climate change impacts, including efforts to minimize risks from wildfires. Colorado experienced extreme heat, drought and multiple fires this summer.
## Boulder alleges oil companies misled consumers
The lawsuit, bringing claims under state law, says Exxon and Suncor misled consumers about the impact that greenhouse gases produced by their products would have on the climate.
## Oil companies warn of massive damages
The companies deny the allegations and warn that if the Boulder lawsuit and others like it move to trial, they and other energy companies could face crippling damages in the billions of dollars.
## Chief Justice Roberts questions floodgates
Chief Justice John Roberts wondered how many more cities and counties would launch similar lawsuits if the court allows the Boulder case to continue. He told Boulder's lawyer Kevin Russell, "Presumably, if you prevail, the next day a municipality in every single state will file a lawsuit."

> Presumably, if you prevail, the next day a municipality in every single state will file a lawsuit.
## Justice Kagan compares to tobacco litigation
Liberal Justice Elena Kagan compared climate litigation with lawsuits against tobacco companies and drug manufacturers that sold opioids, which were allowed to proceed in state courts.
## Justices debate Clean Air Act preemption
Justice Kagan wondered whether the Clean Air Act, which Congress passed to regulate air emissions nationwide, could foreclose the Boulder claims. Justice Sotomayor pointed out the lawsuit does not seek to cap emissions.
## Kavanaugh backs oil companies strongly
Conservative Justice Brett Kavanaugh was the most vocal justice backing the oil companies, citing court precedents that air and water pollution are matters of federal law that states cannot regulate.
## EPA greenhouse gas authority in question
Lurking in the background are recent efforts by the Trump administration's Environmental Protection Agency to eliminate greenhouse gas regulations under the Clean Air Act, an issue being litigated that could reach the justices in a later case.
## Key takeaway

The Supreme Court heard arguments in a Boulder, Colorado lawsuit against Exxon Mobil and Suncor Energy over climate damages, with the outcome affecting dozens of similar cases nationwide.