Colorado high court boosts Boulder’s climate case against Exxon

By Lesley Clark | 05/13/2025 06:22 AM EDT

A majority on the state Supreme Court allowed the climate lawsuit to proceed at the state level, but a minority dissent warned of “chaos.”

Flames rise amid the billowing smoke from a wildland fire burning along the ridges near the Ken Caryl Ranch development southwest of Littleton, Colorado.

Flames rise amid the billowing smoke from a wildland fire burning along the ridges near the Ken Caryl Ranch development July 31, 2024, southwest of Littleton, Colorado. David Zalubowski/AP

Colorado’s Supreme Court delivered a win Monday to local governments that are suing the fossil fuel industry for the costs of dealing with climate change, allowing one of the oldest cases in the country to be heard in state court.

In a 5-2 decision, the judges rejected Exxon Mobil’s bid to overturn a lower court decision that gave the city and county of Boulder a green light to have their lawsuit against the companies litigated in state court, where the plaintiffs think they have a better chance of winning.

The win for the local governments comes as the Trump administration has targeted similar climate lawsuits across the country, with the Justice Department going to court earlier this month against Hawaii and Michigan in an effort to block the states from pursuing litigation.

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The majority opinion in Colorado, written by Justice Richard Gabriel, rejected the industry’s contention that the lawsuit against Exxon and Suncor Energy involves global greenhouse gas emissions and should be barred by federal law.

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