Legal ESG

Legal ESG

US Supreme Court to Hear Exxon-Suncor Appeal — Boulder Climate Suit Could Shape Dozens of Cases

BY INSIDE PRACTICE · AUGUST 28, 2026 · 1 MIN READ

The US Supreme Court agreed to hear ExxonMobil and Suncor Energy's bid to dismiss a climate lawsuit brought by Boulder, Colorado, seeking to hold the companies liable for climate-related disaster costs. Time's August 11 analysis described the forthcoming ruling as "landmark" — the court will determine whether local and state governments can sue fossil fuel companies for climate-related costs under state tort law, or whether such suits are preempted by federal law. The outcome will directly affect dozens of similar municipal climate lawsuits filed across the US, including cases brought by Baltimore, Honolulu, and multiple California counties. Exxon and Suncor's August 26 brief argued that allowing the case to proceed would set a precedent for juries to decide energy policy — a framing that signals the constitutional dimension of the litigation. For law firms with energy and environmental practices, the Boulder case is the most consequential pending climate liability ruling in the US, with implications for both downstream litigation exposure and the defensibility of fossil fuel company disclosures.

Read the full story