Boulder County and the City of Boulder argue Exxon and others be held responsible for knowingly harming the community through their climate deception
February 11, 2025, Denver, Colorado – This morning, Boulder County and the City of Boulder argued before the Colorado Supreme Court that ExxonMobil Corporation and several Suncor entities should be held financially responsible for their contributions to the climate crisis. The arguments centered around the community’s ability to seek damages for climate-related harms knowingly caused by the deceptive and reckless conduct of Exxon and the Suncor entities.
“Exxon has known for decades that human caused climate alteration would have catastrophic effects, including in Colorado. Yet it continued to sell fossil fuels at levels it knew would make its own dire predictions come true, and to lie about the harms,” said Richard Herz, EarthRights International’s Chief Litigation Attorney. “Now Exxon is telling the Colorado Supreme Court that it is beyond the reach of Colorado law. We are hopeful that the Court will reject that argument.”
It has already been a long road for the plaintiffs: Boulder County and City of Boulder filed their case in 2018. For nearly five years, they successfully resisted the defendants’ effort to remove the case to federal court, an effort that took them all the way to the U.S. Supreme Court in 2023.
In June 2024, the landmark Boulder climate accountability lawsuit cleared a critical first hurdle. In a thorough ruling, the Boulder district court rejected nearly all of the defendants’ legal objections to the suit, an important step forward for these and other communities’ ability to obtain redress for the climate harms they are suffering and will continue to suffer.
The June 2024 ruling marked a significant milestone as the first trial court decision in this case; notably, it became one of the first climate cases nationwide to survive a motion to dismiss. Exxon is now challenging that ruling before the Colorado Supreme Court, arguing that Colorado law is powerless to hold Exxon to account.
In addition to EarthRights, the plaintiffs are represented by Kevin Hannon of Singleton Schreiber, LLP; the Law Office of Marco B. Simons; and the Law Offices of David Bookbinder.
EarthRights International is a non-profit, non-governmental organization that combines the power of law and the power of people to defend human rights and the environment. We envision a world where communities can always pursue justice and accountability, especially in the face of the climate crisis. In this world, people live with power and dignity, while corporations, financial institutions, and governments uphold human rights and protect the environments that sustain these communities. We have offices in Southeast Asia, the United States, and Latin America. Learn more at http://www.earthrights.org.
Media Contact:
Daniela Colaiacovo, EarthRights International
daniela.colaiacovo@earthrights.org
(703) 975-0608
