On June 21, Boulder County and the City of Boulder overcame another attempt to halt their climate accountability lawsuit against ExxonMobil and Suncor. The Boulder District Court denied motions to dismiss filed by the oil companies, allowing the case that began in 2018 to proceed.
The ruling is a significant step forward for both Boulders, which have resisted efforts to move the case to federal court. This decision is one of the first in climate litigation to survive a motion to dismiss, affirming Boulder’s pursuit of accountability for climate-related damages.
Boulder Reporting Lab covered this case in 2022. The case is among more than 20 climate lawsuits currently in courts. It was the first from an inland state claiming actual damages from climate change. It could be one of the first where substantive arguments are heard in court.
Suncor operates a refinery in Commerce City, northeast of downtown Denver, that processes nearly 100,000 barrels of oil daily. Exxon has no refinery in Colorado but sells fuel in the state. They are the two most consequential oil companies in Colorado.
City Manager Nuria Rivera-Vandermyde emphasized the importance of the ruling, stating, “Boulder is increasingly burdened by the impacts of an altered climate, and our community cannot keep bearing the costs alone while those responsible avoid paying their fair share.” Boulder County Commissioner Ashley Stolzmann echoed the sentiment, highlighting the court’s acknowledgment of the community’s “suffering from the impacts and heavy costs of the climate crisis, right here, right now.”
Kevin Hannon, counsel on the case and partner at Singleton Schreiber LLP, noted, “We are only asking to apply established Colorado common law to hold Exxon and Suncor accountable.”
In addition to Hannon, the city and county are also represented by EarthRights International and the Law Offices of David Bookbinder. The task ahead for the attorneys is to prove that the fossil fuels sold by Suncor and Exxon in Colorado have caused damages from a changing climate to the local communities. A long-sought goal of the litigation is reaching the discovery phase, where documents, emails and other information related to the suits could become public and prove devastating to the companies. This is similar to what happened to the tobacco industry with the release of memos and documents during discovery.
Yay!