Supreme Court’s Decision in Suncor v. Boulder: Implications for State Accountability

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September 29, 2026
Climate Change Environment

The Supreme Court’s upcoming case, Suncor v. Boulder, has the potential to significantly affect state and local governments’ ability to hold corporations accountable for their detrimental actions. This case offers an opportunity for state and local governments from Maine to Hawaii to pursue legal action against major oil and gas companies for allegedly concealing their long-standing knowledge of the impact of fossil fuels on escalating extreme weather events.

Communities across the United States now face immense financial burdens as they work to safeguard residents from destructive natural disasters like fires, floods, droughts, and heatwaves. Climate change’s aftermath is increasingly evident, causing public health emergencies that disproportionately affect children and vulnerable groups who struggle with self-protection.

In the case, ExxonMobil and Suncor Energy are challenging the Colorado Supreme Court’s decision that permits Boulder to move forward with its lawsuit. Despite the Colorado courts rejecting their rationale, these companies argue that they are protected from trial due to the federal Clean Air Act—a statute intended to curb air pollution and safeguard public health.

Former EPA officials, who have experience enforcing the Clean Air Act, argue that Exxon and Suncor’s claims lack validity. In a brief joined by officials from both major political parties, they point out the absence of any Clean Air Act stipulation that bars Boulder’s claims. Boulder isn’t trying to regulate air pollution; it seeks compensation for local damages allegedly caused by the oil companies’ emissions and false representations.

Boulder accuses these companies of misleading its citizens about health risks. Consequently, Boulder witnessed the destruction of 1,084 homes during the 2021 Marshall Fire, and the area now confronts severe drought threatening ecosystems and livelihoods. Boulder County faces a critical situation, needing judicial support to recover from the companies’ purported misleading actions.

While Boulder is not asking for emission regulation or a halt of fossil fuel production, Exxon and Suncor fear that a ruling against them might disrupt the fossil fuel market. This view lacks evidence and may be an attempt to instill unwarranted fear. The current profitable oil and gas industry seeks to avoid accountability, passing the repercussions of their harmful actions onto American families.

The Supreme Court has expressed skepticism regarding its jurisdiction over Boulder’s claims prior to the Colorado courts’ final ruling. It’s crucial for Boulder residents to present their case against oil and gas companies for the harm they allege.

The Clean Air Act’s purpose is not to favor fossil fuel companies over other energy sources or provide immunity from accusations of deceptive business practices. It empowers the federal government to regulate carbon pollution emissions from various sectors, which constitute a significant portion of U.S. emissions. It doesn’t obstruct states from enforcing laws against companies, even if reducing fossil fuel emissions is an indirect outcome.

In a contradictory move, while arguing the Clean Air Act’s relevance, the current administration is working to prevent EPA from regulating greenhouse gases. This was evident this month when EPA repealed certain carbon pollution limits from power plants.

Members of Congress supporting Exxon and Suncor have introduced legislation granting oil companies a legal shield against lawsuits like Boulder’s, implicitly admitting that current federal laws don’t hinder Boulder’s claims.

The Clean Air Act is meant to protect Americans from pollution, not shield fossil fuel companies from legal consequences or undermine states’ authority to defend citizens from harmful practices. The Supreme Court should allow communities like Boulder to have their rightful day in court.

Gina McCarthy is a former White House climate adviser and former EPA administrator. Avi Garbow is a former EPA general counsel and founder of Fiery Run Environmental Strategies.