Colorado Supreme Court approves climate change lawsuit against oil companies

By 
 May 14, 2025

A group of Colorado communities filed a lawsuit in 2018 against two energy giants on the grounds that climate change has contributed to natural disasters.

In a decision which is sure to leave Republicans furious, the Colorado Supreme Court ruled this week that the lawsuit can proceed. 

County official: Oil companies must "pay their fair share" for climate change

According to Colorado Public Radio, the state's highest judicial body determined on Monday that the case against Suncor Energy and ExxonMobil can be sued over their alleged role in contributing to natural disasters.

The case is being pursued by Boulder County, San Miguel County, as well as the City of Boulder, and Monday's decision quickly welcomed by Boulder County Commissioner Ashley Stolzmann

"We've known for a long time that corporations have had a disproportionate impact on the climate, and we’re finally going to see them pay their fair share," Stolzmann declared.

Boulder Mayor Aaron Brockett also reacted favorably, with The Denver Post quoting him as saying, "Our community has suffered significantly from the consequences of climate change, and today’s decision brings us one step closer to justice and the resources we need to protect our future."

Trade group calls for "U.S. Supreme Court to step in"

Attorney Marco Simons, who is representing both the City of Boulder and Boulder County, predicted that the ruling "will be incredibly influential with other judges in courts who are considering similar legal arguments," Simons said.

Far less pleased was Linda Kelly, who serves as chief legal officer for the National Association of Manufacturers, a trade group which opposes the lawsuit.

"It is now incumbent on the U.S. Supreme Court to step in and establish a uniform rule that can be applied wherever these cases are brought and make clear that neither the law, nor commonsense, subjects energy producers and sellers to liability for climate change," Kelly said in a statement emailed to Colorado Public Radio.

ExxonMobil government affairs official Elise Otten also voiced displeasure regarding the state Supreme Court ruling in a statement of her own.

Hawaii Supreme Court approved similar lawsuit

"We’ll continue to fight these claims, but more importantly, will continue to provide millions of Americans with the products needed every day to power their lives and homes, while investing up to $30 billion in lower-emission initiatives through 2030," Otten said.

CPR noted that the Colorado Supreme Court's ruling is not unique, as Hawaii's highest judicial body allowed a similar lawsuit filed by Honolulu against energy producers to go forward.

The U.S. Supreme Court affirmed the decision earlier this year, clearing a path for similar lawsuits across the country to move forward.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson