Officials in Boulder, Colorado, are urging the Supreme Court to reject the oil and gas industry’s latest effort to kill a swath of climate lawsuits, arguing that local governments have the authority to protect their residents.
The city and county of Boulder filed a brief with the high court Monday, asking it to turn down a request from Exxon Mobil and Suncor Energy to find that federal law bars local governments from seeking relief for climate change in state courts.
The Boulder brief argues states “have always had the authority to provide remedies for in-state injuries arising from out-of-state conduct”— calling such litigation “commonplace” and pointing to lawsuits against the manufacturers of opioids and asbestos as well as Hustler Magazine.
“There is no constitutional bar to states addressing in-state harms caused by out-of-state conduct, be it the negligent design of an automobile or sale of asbestos,” the brief says.
