News & Analysis
May 13, 2025
The city and county of Boulder are another step closer to putting two major fossil fuel companies on trial for their climate-related misconduct after the Colorado Supreme Court rejected Big Oil’s attempts to escape accountability this week. The ruling marks the third time a state supreme court has affirmed lower court rulings in favor of communities suing oil companies over their decades of climate deception.
Originally filed in 2018, Boulder’s case charges ExxonMobil and Suncor Energy with continuing to produce, market, and sell fossil fuels despite knowing the climate dangers they posed. Fossil fuel defendants have long claimed — in Boulder and in similar climate accountability cases — that these issues are governed exclusively by federal law, erroneously arguing that the cases are outside of the scope of state law. Colorado’s highest court shut down that argument.
In a 5-2 opinion, the court ruled that Boulder's state law claims were not preempted by federal law, as defendants Exxon and Suncor had argued. "[W]e conclude that the district court correctly concluded that federal law did not preempt Boulder’s claims and that those claims could therefore proceed under state law," the majority ruled, adding "we are not persuaded by defendants’ myriad arguments to the contrary."
More than seven years after filling, the people of Boulder are now closer than ever to putting Exxon and Suncor on trial for their climate lies.
“This ruling affirms what we’ve known all along: corporations cannot mislead the public and avoid accountability for the damages they have caused,” City of Boulder Mayor Aaron Brockett said about the ruling. “Our community has suffered significantly from the consequences of climate change, and today’s decision brings us one step closer to justice and the resources we need to protect our future.”
The Colorado Supreme Court is the third top state court to reject Big Oil’s attempts to dismiss climate accountability cases, joining Massachusetts and Hawai`i’s respective supreme courts. Earlier this year, the U.S. Supreme Court denied Big Oil’s request to review the Hawai`i Supreme Court decision.
