Climate Change Litigation in Colorado
Our clients’ — Boulder County and the City of Boulder — United States Supreme Court case will be argued on the first day of the new term: October 5, 2026.
Boulder is seeking to require ExxonMobil and Suncor entities to pay their fair share of damages and alleviate the burden their taxpayers face in paying for the costs of an altered climate.
The companies involved argue that federal law shields them from state-level accountability for in-state harms. They are effectively asking for immunity from these types of climate damages. Our clients have won at every previous merits stage of the case; in May 2025, the Colorado Supreme Court ruled in our favor and allowed the case to proceed in state court. Exxon and Suncor then petitioned the United States Supreme Court to take up the case.
One of the reasons this case is so important is that it affects the ability of local governments to use state law to remedy their in-state injuries. EarthRights has won at the Supreme Court before and we believe we can do it again.
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In a world where climate disruption is accelerating, corporate harm often goes unchecked, and threats against advocates continue to rise, our victories remind us where we’re most needed and most effective.