Image: An ExxonMobile refinery. Brandon Bell/Getty

The US Supreme Court has decided to hear arguments in a climate accountability lawsuit, marking the first time the high court has weighed in on such a case. The decision could potentially hinder the wave of climate litigation the US has seen in recent years. “It’s not a good sign,” said Pat Parenteau, a professor of environmental law at Vermont Law and Graduate School.

The lawsuit in question was filed by the city of Boulder, Colorado, against two major oil companies: Suncor Energy USA and ExxonMobil Corporation. After Colorado’s supreme court refused to dismiss the lawsuit, the defendants filed a petition with the US Supreme Court asking them to shut down the case, arguing that it is pre-empted by federal laws.

If the Supreme Court rules against the defendants, that could be boon for climate accountability cases, allowing not only the City of Boulder but also those who have launched similar cases to breathe a sigh of relief. It could also inspire other governments to file similar litigation.

“Local communities are living with the mounting costs of climate change,” said Aaron Brockett, mayor of Boulder. “The Supreme Court should affirm Colorado’s right to hold these companies accountable for the harm they have caused in Colorado.”

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