Future Of Climate Liability Litigation Up In The Air In Suncor

The U.S. Supreme Court is set to consider whether federal law, including the Clean Air Act, preempts state-law tort claims brought by local Colorado governments seeking damages from fossil fuel companies for alleged climate change-related harms. The Court’s decision could have significant implications for the future viability of climate liability litigation against energy corporations.

Background

In recent years, state and local governments across the country have developed new strategies attempting to hold fossil fuel companies financially responsible for past and future harms allegedly caused by global climate change. Several states have proposed or enacted “Climate Superfund” laws that impose strict liability on the largest fossil fuel emitters for the alleged impacts of their emissions, potentially requiring those companies to contribute billions of dollars towards state-level climate adaptation projects.