News & Analysis
July 9, 2020
In the latest loss for Big Oil, a federal appeals court this week ruled that a lawsuit from Colorado communities seeking damages from ExxonMobil and Suncor Energy for lying about climate change can proceed in state court, where it was originally filed.
The 2018 lawsuit from the city of Boulder and the counties of Boulder and San Miguel is one of almost 20 similar lawsuits filed across the country against the oil and gas industry, which has sought to have many moved to federal court.
The unanimous ruling from a three-judge panel for the Tenth Circuit Court of Appeals marks the third time a federal appeals court has ruled that such cases belong in state court. Earlier this year, the Fourth and Ninth Circuit Courts of Appeals issued similar rulings in cases brought by Baltimore and a group of California cities and counties, respectively.
The industry has fought tooth and nail to prevent communities seeking just compensation for climate damages from having their rightful day in court. But three major rulings in a row saying that climate damages cases belong in state court is a good sign that Big Oil’s days of escaping accountability are numbered.
