The case, Suncor v. Boulder, will be heard on Oct. 5, when the court returns from summer recess. The decision—which will likely come months after the case is heard—will set a precedent for some two dozen other climate accountability cases that have been brought forward by states, counties, and cities.
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The case set to be heard by the U.S. Supreme Court will determine which government body is able to take action on these types of climate lawsuits. “The main issue is whether state courts have the power to issue money damages over climate change, or whether that's exclusively a matter of federal law that has to be decided by federal courts or by Congress or the president,” says Michael Gerrard, founder of Columbia University’s Sabin Center for Climate Change Law.
The case comes as the Trump Administration continues to target climate action on the state and federal level. Last April, President Trump signed an executive order to “stop the enforcement of State laws” on climate change, with a particular focus on California, New York, and Vermont. He has also struck five deals worth roughly $3.9 billion to block offshore wind projects, with the companies instead investing in fossil fuel projects. Justice Samuel Alito has also come under fire for refusing to recuse himself from the Suncor case, despite his financial investments in fossil fuel companies. (Alito is not personally invested in either of the companies named in the lawsuit.)
Several major insurance trade groups also submitted a friend-of-the-Court brief in support of the fossil fuel company defendants.
What precedent will the U.S. Supreme Court’s decision on Suncor v. Boulder set?
A win for the plaintiffs could pave the way for local authorities to seek compensation from the biggest emitters. “If the plaintiffs win on the issue that it's within the power of state courts to issue money damages against the fossil fuel companies over climate change, then these two two dozen other cases that are pending will move forward, and it may be that other similar cases might be filed around the country,” says Gerrard.
The case’s significance cannot be understated, says Reisch. “This is the biggest climate-related case that the Supreme Court has heard, and it really goes to fundamental issues of fairness about whether or not communities can hold the companies that have been major drivers of climate change, and contributors to climate harm through the deceptive marketing and [upstream production and sales] of fossil fuel products, … accountable [for their contributions to] the mounting losses.”
“These lawsuits are one piece of the picture of trying to hold the oil companies accountable for climate change,” says Gerrard. “It's not the only piece.”
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