Colorado’s Supreme Court has asked a lower court and the city and county of Boulder to elaborate on a decision last month that moved one of dozens of U.S. climate liability lawsuits a step closer to trial.
In a brief ruling issued Monday, Colorado’s highest bench sought details on why Boulder’s lawsuit against Exxon Mobil and Suncor Energy should be heard by state judges, rather than in federal court, as the oil companies have requested.
Boulder County District Court Judge Robert Gunning ruled in June that the lawsuit could be heard in state court because it doesn’t attempt to regulate emissions, nor does it seek to curb oil producers’ First Amendment rights.
Exxon earlier this month petitioned the Colorado Supreme Court to hear the case, arguing that Gunning’s ruling was “erroneous and should be reversed.” The company said that claims that involve “interstate and international conduct cannot be governed by state law.”
