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"Big Oil’s climate lies are the most consequential and harmful corporate deception campaign in history."
The US Supreme Court on Monday agreed to hear a case that could effectively crush efforts to hold the fossil fuel industry accountable for the climate crisis.
As reported by the New York Times, the court has agreed to hear arguments related to a petition filed by ExxonMobil and Canadian energy firm Suncor related to a 2018 lawsuit by the city of Boulder, Colorado that seeks financial damages from the companies for their role in causing global climate change.
The Times report noted that dozens of similar lawsuits have been filed by states and municipalities over the last decade, and they generally seek money from energy firms to help mitigate or repair damage done by extreme weather exacerbated by the climate crisis.
According to the Associated Press, attorneys for the energy companies are petitioning to have the case moved from state courts to federal courts that have in the past dismissed similar complaints.
“The use of state law to address global climate change represents a serious threat to one of our nation’s most critical sectors,” the attorneys claimed.
The Supreme Court's decision to hear the case comes months after the Colorado Supreme Court ruled that Boulder's lawsuit could initiate the discovery process and move toward a trial.
In an interview with the Colorado Sun, Boulder County Commissioner Ashley Stolzmann said that the city wasn't backing down from its efforts make the fossil fuel industry pay for the damage it's done.
"The oil companies have tried every avenue to delay our climate accountability case or move it to an out-of-state court system,” said Stolzmann. “As everyone continues to face rising costs that put budgets under pressure, we must hold oil companies accountable for the significant harm they’ve caused our communities."
Richard Wiles, president of the Center for Climate Integrity, said that the merits of the Boulder lawsuit are clear, regardless of the Supreme Court's intervention.
"Big Oil’s climate lies are the most consequential and harmful corporate deception campaign in history," Wiles said, "and the communities paying the price for that deception deserve to put these companies on trial. Exxon’s desperation to escape accountability does not change the evidence of their wrongdoing or the law that lower courts agree is on Boulder’s side."
Alyssa Johl, vice president of legal and general counsel at the Center for Climate Integrity, said the Supreme Court should simply affirm lower court rulings stating that "communities like Boulder have the right to seek accountability in their state courts when corporations have knowingly caused local harms."
"I don't want to see a single person saying this was warranted by the carnage in Gaza, that this was for Palestinians," said congressional candidate Kat Abuhazaleh. "I am Palestinian and I do not want senseless acts of terror committed in my name."
Two Palestinian American politicians were among those who condemned Sunday's attack on people attending a vigil in Boulder, Colorado for Israeli hostages kidnapped by Hamas—with Georgia state Rep. Ruwa Romman saying she was "appalled that anyone would do this in our name."
"Committing violence makes everyone less safe and makes peace impossible," said Romman. "Those who do must be held accountable. Praying for the victims and their loved ones."
Her comments came after a suspect identified as Mohamed Sabry Soliman allegedly threw a "makeshift flamethrower" using two bottles into a crowd of people who were taking part in a "Run for Their Lives" event in honor of people who were kidnapped by Hamas in October 2023.
At least two people were flown to a burn unit in Denver for serious injuries; eight people in all were hurt in the attack.
Mark D. Michalek, a special agent in the FBI's Denver field office, said Soliman yelled, "Free Palestine" during the attack, echoing the suspect in the killing of two Israeli embassy workers in Washington, D.C. last month. There was no indication that Soliman was linked to any particular group, Michalek said.
Soliman was taken into custody on Sunday.
Romman condemned the "cruelty and dehumanization" that appear to have led to attacks on individuals by suspects who have been motivated by anger at the Israeli government, which began bombarding Gaza in retaliation for Hamas' attack in 2023.
Israeli forces have killed more than 54,000 Palestinians since October 2023, waging attacks on schools, shelters, and hospitals while claiming to target Hamas. Prime Minister Benjamin Netanyahu's government has also imposed a total blockade on Gaza since March—pushing the population towards famine—and the Israel Defense Forces (IDF) on Sunday opened fire on hundreds of Palestinians who were attempting to retrieve food at a distribution center set up by an Israel- and U.S.-backed company.
"Enough with the cruelty and dehumanization," said Romman. "Equating the Jewish community with the Israeli government fuels antisemitism further enabling extremism, conspiracy theories, and violence."
Critics have warned that the Israeli government has consistently conflated Judaism with Zionism and its actions in Gaza. In recent days officials have accused media outlets and critics of "blood libel"—a reference to ancient false allegations of ritual murder by Jewish people—for reporting on and condemning Israel's starvation of Palestinian civilians in Gaza and the IDF's attacks.
Yonah Lieberman, co-founder of the Jewish-led Palestinian rights group IfNotNow, said that while the "horrific" attack in Boulder was "a random act by an individual" and was "not representative of any movement," the killing of Palestinians in Gaza is the "result of official policy by the Israeli government."
Kat Abughazaleh, a progressive candidate for the U.S. House in Illinois' 9th District, warned that "senseless, antisemitic attacks do not help Palestinians, Jews, or Israelis."
"I don't want to see a single person saying this was warranted by the carnage in Gaza, that this was for Palestinians. I am Palestinian and I do not want senseless acts of terror committed in my name... Equating Jewish people with Israel's far-right government inevitably leads to antisemitism. It leads to innocent people getting hurt, more Jewish organizations being targeted, and Netanyahu preying on fear."
"My heart breaks every single day when I see what is happening in Gaza," she added. "I feel helpless. I know many of you do too. But when people enact violence in our name, it makes everyone less safe and it makes peace less likely."
"Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception," said one advocate.
Advocates celebrated Monday after a Boulder, Colorado judge rejected attempts by ExxonMobil and Suncor Energy subsidiaries to dismiss a landmark lawsuit that seeks damages for the harms the fossil fuel companies have inflicted on the climate and local communities.
The lawsuit, brought in 2018 by the city and county of Boulder, argues that mounting climate costs "should be shared by the Suncor and Exxon defendants because they knowingly and substantially contributed to the climate crisis by producing, promoting, and selling a substantial portion of the fossil fuels that are causing and exacerbating climate change, while concealing and misrepresenting the dangers associated with their intended use."
Colorado Public Radio noted Monday that the lawsuit "cites the 2010 Fourmile Canyon fire and 2013 floods as examples of climate disasters in Boulder County."
"The case was filed before the Marshall fire swept through the area in the winter of 2021, incinerating more than 1,000 homes and causing more than $2 billion in damage in what is now considered the most destructive wildfire in state history," the outlet observed.
The legal challenge seeks relief under a Colorado consumer protection law and other local statutes, accusing the corporations of public and private nuisance, trespass, unjust enrichment, and civil conspiracy.
In an 81-page decision, Boulder County District Court Judge Robert Gunning rejected the Exxon and Suncor subsidiaries' claim that the state court lacked jurisdiction and concluded that "the public nuisance, private nuisance, trespass, conspiracy, and unjust enrichment claims may proceed against ExxonMobil, Suncor Energy, and Suncor Sales."
Ashley Stolzmann, Boulder County's commissioner, said Monday that the decision "reaffirms our stance: We are suffering from the impacts and heavy costs of the climate crisis, right here, right now."
"Today, we take a meaningful step towards accountability and ensuring our voices and hardships are acknowledged," Stolzmann added.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused."
Monday's ruling represents the latest blow Exxon and Suncor have suffered during the yearslong legal battle. Last year, the U.S. Supreme Court rejected the companies' attempt to move the case to federal court.
"Since the beginning, defendants have been arguing against a case we did not plead," said Sean Powers, a senior attorney with EarthRights International, which is representing the plaintiffs.
"Plaintiffs are not trying to litigate a solution to the climate crisis, they are seeking redress for harms they have suffered and will continue to suffer," Powers continued. "The only conduct at issue is defendants' own: what they knew, when they knew it, and what they did with that knowledge."
Boulder is among the dozens of local governments that have sued oil and gas companies in recent years, aiming to hold the industry accountable for severely damaging the climate and deceiving the public about the dangers of its extractive business model.
Exxon has known for decades about the link between burning fossil fuels and planetary warming and has worked to cast doubt on the science as it continues to drill in the face of worsening climate extremes across the globe.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused," Richard Wiles, president of the Center for Climate Integrity, said Monday. "Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception, and sooner or later these companies will have to explain the evidence of their misconduct to a jury."