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ARTICLE · 06 MARCH 2026

Supreme Court Grants Certiorari In Boulder Climate Case — What Comes Next?

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On February 23, 2026, the US Supreme Court granted certiorari in Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc., No. 25-170, agreeing to hear a case that has drawn the attention of the energy industry, environmental advocates, and the federal government alike.

United StatesEnvironment
Meghan Greenfield
Meghan Greenfield
Steven M. Siros
Steven M. Siros
Arie Feltman-Frank
Arie Feltman-Frank

On February 23, 2026, the US Supreme Court granted certiorari in Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc., No. 25-170, agreeing to hear a case that has drawn the attention of the energy industry, environmental advocates, and the federal government alike. This appeal arises from a 2018 Colorado state court lawsuit brought by the City of Boulder and Boulder County (together, Boulder) against Suncor Energy and ExxonMobil, seeking damages for alleged injuries resulting from the defendants' production, marketing, and sale of fossil fuels. The amended complaint asserts various state-law tort claims, including public and private nuisance, trespass, unjust enrichment, civil conspiracy, and related statutory violations. In May 2025, the Colorado Supreme Court concluded that Boulder's claims could proceed, holding that the Clean Air Act does not preempt plaintiffs' state-law claims.1

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