Supreme Court Considers Scope of Climate Change Litigation

Why it matters locally: The Supreme Court's decision on the jurisdictional question in this climate change litigation could influence the ability of Georgia's cities and counties to pursue similar lawsuits against energy companies for climate-related damages, such as those caused by extreme weather events.

WASHINGTON – The U.S. Supreme Court began its new term this week by hearing arguments in a case central to climate change litigation. The case involves a lawsuit brought by Boulder County, Colorado, along with the city of Boulder and San Miguel County, against energy companies ExxonMobil and Suncor Energy. The Colorado localities initially filed their lawsuit in state court in 2018. They allege that the companies contributed to climate change effects, such as increased wildfires and beetle infestations, and seek damages for mitigation and adaptation costs. The energy companies subsequently moved to have the case heard in federal court, arguing that the claims involve federal rather than state law. A federal appeals court previously ruled that the case should return to state court. The Supreme Court will now decide whether the lawsuit, which addresses the impact of fossil fuel production on the local environment, belongs in federal or state jurisdiction. This jurisdictional question holds implications for similar lawsuits filed by other cities and states across the country. The outcome could determine the legal avenues available for localities seeking to hold energy companies accountable for climate change-related damages. Legal analysts indicate the Supreme Court's decision on this procedural matter could affect the progression of future climate litigation.