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Supreme Court weighs whether federal law blocks Boulder climate lawsuit

The U.S. Supreme Court heard arguments Monday over whether Boulder, Colorado, may proceed with a state-law lawsuit accusing Exxon Mobil and Suncor Energy of misleading the public about the climate effects of fossil fuels.

The city and county filed the case in Colorado state court in 2018, seeking damages for past and future climate-related harms. Exxon and Suncor contend that federal law governs interstate air pollution and preempts such state claims. Company lawyer Kannon Shanmugam argued that allowing the case to proceed could enable municipalities nationwide to use damages awards to shape national and international energy policy.

Boulder’s lawyer, Kevin Russell, said the lawsuit concerns alleged deception rather than emissions regulation and seeks damages, not an injunction restricting company activity.

The justices also examined whether the Supreme Court has jurisdiction to intervene …

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