Legal experts say climate litigation may face an uphill battle after observing Supreme Court justices’ reactions to oral arguments presented on Oct. 5 in a lawsuit being brought by Boulder, Colorado, against energy companies.
At issue in the case of Boulder County v. Suncor is whether cities, counties, and states should have the right to sue energy companies for weather damage allegedly caused by the burning of fossil fuels.
Boulder is arguing that CO2 emissions cause global warming, leading to an increase in extreme weather, including droughts and wildfires, that have proven costly to Colorado residents. Defendants in this case are Suncor, a Canadian company operating refineries in Colorado, and ExxonMobil, the largest U.S. energy company….