On February 23, 2026, the U.S. Supreme Court agreed to hear arguments in the City and County of Boulder’s climate lawsuit against two major energy companies. This offers the first real opportunity to rein in the nationally-coordinated climate litigation campaign that has sought to force policy outcomes through the courts that elected officials and voters have repeatedly rejected.

Here’s what you need to know. This post will be regularly updated.

What is the Boulder climate lawsuit?  

In 2018, the City and County of Boulder and San Miguel County filed a public nuisance climate lawsuit against Exxon Mobil and Suncor, seeking financial damages to pay for the costs of climate change. From the outset, the case raised serious questions about whether local governments should be allowed to use state tort law to extract damages for global phenomena driven by worldwide greenhouse gas emissions that have occurred across decades, across borders, and with the full knowledge and legal sanction of federal and state governments.

Read more on EID Climate.

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