Liberal justices probe jurisdiction, sparking claims of an escape route in climate case

The Supreme Court’s first arguments of the term addressed Suncor v. Boulder, a dispute over whether Colorado can pursue climate-damage claims against oil producers under state tort law. Justices Ketanji Brown Jackson and Sonia Sotomayor repeatedly asked about the Court’s jurisdiction, indicating the case might be too early for review and hinting at sending it back to the Colorado Supreme Court. Conservative legal groups said the liberal justices were looking for an “off-ramp” to avoid a vote on whether the Clean Air Act preempts such state actions.

Chief Justice John Roberts and Justice Clarence Thomas probed the potential nationwide impact of a Boulder victory. Attorneys for Suncor warned that accepting the claim could open litigation in thousands of jurisdictions. The decision will determine whether the federal government or individual states control climate-policy litigation.