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Boulder can sue Exxon and Suncor for climate change, says Colorado's top court

Colorado's highest Court rejected ExxonMobil’s and Suncor Energy’s attempts to dismiss a case filed by the City of Boulder to hold fossil fuel companies accountable for climate change.

In a decision reached by a majority of 5-2, the Colorado Supreme Court ruled that federal law does not prevent Boulder and the surrounding counties from claiming the energy companies have violated state laws by misleading the public regarding the dangers of fossil fuels.

This was only the second instance in which a state's supreme court allowed one of many lawsuits brought by local and state governments against large energy companies regarding climate change to proceed.

Hawaii Supreme Court has allowed Honolulu's lawsuit against Exxon Sunoco, and other companies to proceed. The U.S. Supreme Court declined to review the decision in January.

In a press release, Boulder Mayor Aaron Brockett stated that "this ruling confirms what we have known all along: Corporations cannot mislead and avoid accountability for damages they've caused."

Exxon Suncor representatives did not respond when contacted for comments.

Boulder sued the companies in 2018. The lawsuit alleged that the companies had violated state laws, and caused a public nuisance and private nuisance through misleading the public regarding the role fossil fuels played in exacerbating the climate change.

Boulder claims that it should be required to pay the costs incurred to protect their community from climate changes.

The companies deny any wrongdoing. The companies had fought to get the case heard at federal court for many years. State courts are considered to be a more favorable venue by plaintiffs.

After years of litigation, and after two trips to U.S. Supreme Courts, the case was ultimately sent back to state court where a judge refused to dismiss the suit.

The companies claimed that Boulder's suit would interfere with federal regulations of greenhouse gas emission under the Clean Air Act, and hinder the federal government's capability to conduct foreign relations.

Justice Richard Gabriel said that a lawsuit is not a regulation just because it may have an effect on the behavior of actors in a particular field.

Justice Carlos Samour expressed his dissension, saying that Boulder's lawsuit sought to regulate interstate air quality and could result in "regulatory confusion." (Reporting and editing by Alexia Garamfalvi, Sonali Paul, and Nate Raymond from Boston)

(source: Reuters)