“We lost our homes and they left us to figure out for ourselves how to make our neighborhoods safe again,” Tawnya Somauroo said. Less than an hour after the first warning that a wildfire was headed toward her street, flames destroyed her home in Louisville, Colorado. Now the Supreme Court is hearing whether Boulder, Colorado, can require oil and gas companies to help pay for climate-related damage.
Somauroo has spent nearly five years rebuilding her house and helping her neighborhood prepare for another blaze. Careful landscaping, metal fencing and flame-resistant siding may not be enough, she said. “At the end of the day, it comes out of our pockets, you know? And it does feel like maybe the oil and gas industry should have a part in this.” Residents rebuild and prepare, she said, while the companies whose conduct they challenge contest whether they should pay.
Who Pays for the Damage
The city and county of Boulder sued Suncor Energy and ExxonMobil in 2018, before the fire that destroyed Somauroo’s home. They alleged that the companies violated state law by deceiving the public about their contributions to climate change, and sought unspecified damages to help pay for worsening disasters.
The 2021 Marshall Fire destroyed Somauroo’s home. Experts considered climate change a factor, and they estimated the damage at $2 billion, making it the costliest wildfire in Colorado history. Boulder County is among dozens of jurisdictions across the United States suing oil and gas companies to help cover damage from disasters linked to climate change.
The Supreme Court arguments were expected to start at 10 a.m. EDT on Monday, the first day of the court’s new term. The case could decide the fate of similar lawsuits, with billions of dollars at stake in climate litigation in the United States and around the world. A local claim about local costs now faces a national institution weighing which level of government can act—and whether companies can be required to contribute.
The Jurisdiction Fight
Boulder says it isn’t trying to regulate emissions beyond its borders; it wants companies to pay local costs. Sam Sankar, senior vice president at Earthjustice, which filed an amicus brief, said, “Boulder County and city aren't trying to change what's happening in Texas or New York, they're trying to get compensation for things happening now in Colorado.”
The companies argue state-court lawsuits aren’t the way to address a global issue. Phil Goldberg, special counsel for the Manufacturers’ Accountability Project, an industry group, said, “The problem is that climate change is caused by pretty much everybody living on earth. We need to figure out how to address that. We need to address it in a very meaningful way. This litigation doesn't do that.” Earthjustice filed a brief in the case; the article provides no information about its funding or other work.
Federal Power, Local Costs
The Trump administration supports the companies. Federal government attorneys argue that the Clean Air Act gives the federal government, rather than states, authority to regulate emissions, and they call the lawsuits a backdoor effort to regulate greenhouse gas emissions and an unconstitutional power grab. Yet the Republican administration has largely used federal authority to roll back environmental regulations. Last month, the Environmental Protection Agency repealed rules limiting greenhouse gas emissions from coal- and natural-gas-fueled power plants, a move that could complicate the government’s argument.
The court has a conservative majority, and environmental regulations haven’t always fared well there. In a 2022 decision, it limited the Environmental Protection Agency’s authority to regulate carbon dioxide emissions from power plants. Justice Samuel Alito recused himself a week before arguments after calls for him to step aside because he owns stock in oil companies. With only eight of the nine justices sitting, a tie vote was possible, though its likelihood was unclear. The court was also considering whether it had jurisdiction to hear the case at this stage, a question experts described as a potential “off-ramp.”
Chris Winter, executive director of the Getches-Wilkinson Center, an environmental research group in Colorado, said, “Local county municipal governments play a very important role in helping front line communities adapt to climate change. This case could very well set a precedent.” The court will decide whether Boulder can pursue compensation. Somauroo has already described who pays: residents rebuilding their homes.