Boulder communities win big against Exxon and Suncor

Big Oil’s attempts to escape accountability for its climate lies have been rejected once again, this time in Colorado. A Colorado state judge denied nearly all of ExxonMobil and Suncor Energy’s attempts to dismiss the City and County of Boulder’s climate accountability lawsuit last week, bringing the communities one step closer to discovery and trial in state court. 

“The court’s decision reaffirms our stance: we are suffering from the impacts and heavy costs of the climate crisis, right here, right now,” said Boulder County Commissioner Ashley Stolzmann. “Today, we take a meaningful step towards accountability and ensuring our voices and hardships are acknowledged.” 

The City and County of Boulder sued the fossil fuel companies in 2018, calling on Exxon and Suncor to pay for the climate damages they long knew their products would cause. At the time of filing, Boulder County expected to face $150 million in climate costs by 2050. But as climate change worsens and impacts become more severe, it’s clear that Boulder will face much higher climate costs in the coming years. The 2021 Marshall Fire alone, which destroyed over one thousand homes and businesses, racked up at least $2 billion in damages.

Exxon and other oil companies have sought to mischaracterize the growing number of lawsuits over their climate deception as attempts to litigate climate policy and regulate greenhouse gas emissions through the courts. But in the Boulder ruling, Judge Robert R. Gunning became the latest judge to reject that mischaracterization, agreeing that Exxon and Suncor “are arguing against a case the Local Governments did not plead."

In Gunning’s words, Boulder is arguing that Exxon and Suncor “have altered the climate by producing, selling, and promoting fossil fuels at levels they knew would bring catastrophic harm to Colorado. They further allege that the Energy Companies accelerated the pace and exacerbated the harm by concealing and misrepresenting the dangers of unchecked fossil fuel consumption to increase their sales. The consequences of these actions have led to an altered climate with concomitant costs in the Local Governments’ jurisdictions.” 

This is the fifth time courts have rejected arguments from Exxon and other oil companies to dismiss climate accountability lawsuits against them. Governments that have brought climate accountability lawsuits in Massachusetts, Delaware, Hawai`i, and Maryland have all prevailed against similar motions to dismiss, and rulings in several other cases could be handed down later this year.  

“The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they’ve caused,” CCI President Richard Wiles said. “Courts across the country keep rejecting Big Oil’s attempts to escape justice for their climate deception, and sooner or later these companies will have to explain the evidence of their misconduct to a jury.”