Justice Kagan likens Boulder climate suit to historic tobacco litigation
Justice Elena Kagan compared Boulder, Colorado’s climate-damage lawsuit against oil firms to the 1990s big-tobacco cases while the Supreme Court heard arguments on the case’s legality.
During oral arguments in Suncor Energy v. County Commissioners of Boulder County, Justice Elena Kagan drew a parallel between the city’s climate claims and the wave of lawsuits that targeted tobacco companies in the 1990s. The Court is deciding whether federal law preempts the suit or if it can proceed in state court. The outcome could determine whether similar climate actions by activist groups and Democratic jurisdictions are allowed to move forward or are blocked by federal authority.
Why it matters
The ruling will shape the future of climate-damage lawsuits across the United States.
How this story developed
- Sep 28 Justice Samuel Alito withdraws from high-profile climate lawsuit
- Oct 2 Justice Alito announced he will not sit on the case.
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