The surprising allies backing Boulder’s climate case before the Supreme Court

The Supreme Court is hearing a major climate case that could shape who pays for damage from heat, wildfires, floods, and drought. Boulder, Colorado sued Suncor and Exxon Mobil in 2018, seeking damages for the rising costs of adapting to climate change. The oil companies want the case thrown out before it goes to trial, arguing federal law and the Constitution block states from hearing such claims. The court will first decide whether it can even step in at this early stage, before considering the companies' arguments.

Support for each side has split in surprising ways. Rio Blanco County, Colorado, joined oil companies in the case, prompting local ranchers to push back. They argue worsening wildfires, drought, and heat are driving ranching families toward bankruptcy, forcing them to haul in water and feed or sell off land and livestock, while local governments struggle to cover the costs of disaster relief and recovery. Some conservative legal scholars, including two former Republican EPA administrators, have also broken from the oil industry, saying nothing in federal law clearly stops Boulder's lawsuit from proceeding in state court.

A notable development this week: Justice Samuel Alito, who holds oil company investments, recused himself, making it harder for the companies to win a majority on the court. The case won't directly change homeowner costs or rebates, but its outcome could affect whether local governments and residents elsewhere can sue oil companies for climate-related damages, and who ultimately bears the financial burden of adapting to a hotter, more disaster-prone climate.