The Supreme Court’s first case this term, Suncor v. Boulder, could impact how state and local governments protect residents from corporations prioritizing profits over people. The court’s decision will determine if governments from Maine to Hawaii can hold major oil and gas companies accountable for decades of misleading information about fossil fuels’ impact on climate change. This issue is critical as U.S. communities face billions in costs from disasters like fires, floods, droughts, and extreme heat.
Climate change’s effects are widespread and damaging, leading to public health crises, especially for children and vulnerable communities. In Suncor v. Boulder, ExxonMobil and Suncor Energy appeal a Colorado Supreme Court decision allowing Boulder’s lawsuit to proceed. The oil companies argue they are protected by the federal Clean Air Act, a key law for controlling air pollution. However, former EPA officials argue that this claim lacks credibility as the Clean Air Act does not preempt Boulder’s claims.
As former senior EPA officials, we confirm that the oil companies’ arguments have no credibility. The Clean Air Act does not prevent Boulder’s lawsuit.
Boulder seeks to recover damages for local harm caused by emissions and deception about their dangers. Allegations suggest these companies minimized public health risks, contributing to the devastation in events like the 2021 Marshall Fire, which destroyed over 1,000 homes.
Boulder isn’t asking to regulate emissions or stop fossil fuel production. Nonetheless, Exxon and Suncor warn that a ruling against them might disrupt the fuel market. This argument is speculative at best, serving to mislead while companies reap record profits and avoid liability for harmful practices.
The Supreme Court questions its jurisdiction on Boulder’s claims. The Clean Air Act’s purpose isn’t to protect fossil fuels but to reduce pollution and safeguard public welfare. It empowers federal limits on emissions from vehicles and industry but doesn’t hinder states from enforcing laws against corporate misinformation.
In an ironic twist, while asserting the Clean Air Act applies to Suncor v. Boulder, the administration seeks court rulings that limit the EPA’s power to regulate greenhouse gases. Recently, they repealed carbon pollution limits for power plants set for 2024.
Additionally, some in Congress, supporting Exxon and Suncor, push for legislation giving oil companies an unprecedented legal shield. Their actions acknowledge current laws do not block Boulder’s claims. The Clean Air Act aims to protect against pollution, not shield companies from responsibility.
Former White House climate adviser Gina McCarthy and former EPA general counsel Avi Garbow stress that the Supreme Court should allow Boulder its day in court. This approach acknowledges states’ rights to protect their citizens from harmful corporate practices.