Earth Protect Blog

By Conrad Swanson

The Denver Post

The long-standing lawsuit, in which three Colorado governments argue that the energy corporations Suncor and ExxonMobil “knowingly and substantially contributed to the climate crisis,” must remain in state court, a federal judge ruled Tuesday.

The ruling marks the second time a judge has determined that the case should remain in Boulder District Court, against the wishes of Suncor’s attorneys to move the lawsuit to federal court in Denver.

Keeping the lawsuit in state court counts as a major victory for Boulder, the two counties and their residents, who are still recovering from “fossil-fueled wildfires,” Richard Wiles, president of the Center for Climate Integrity, said in a release.

“Oil and gas companies are desperate to avoid having to explain their lies and deception in front of juries in state court, but once again judges have rejected their efforts to escape accountability,” Wiles said.

Casey Norton, spokesperson for ExxonMobil, called the allegations baseless and said the corporation’s attorneys are reviewing the case and considering their next steps.

“Legal proceedings like this waste millions of dollars of taxpayer money and do nothing to advance meaningful actions that reduce the risks of climate change,” Norton said. “ExxonMobil will continue to invest in efforts to reduce greenhouse gas emissions while meeting society’s growing demand for energy.”

Representatives for Suncor could not immediately be reached for comment.

The city of Boulder, alongside Boulder and San Miguel counties, sued Suncor and ExxonMobile in Boulder District Court, claiming the companies are responsible for “billions of tons of the excess greenhouse gas emissions in the atmosphere.”

“Moreover, long after they became aware of the dangers of climate change, (the companies) chose to develop dirtier fuel sources and sell dirtier fuels that create substantial more (greenhouse gasses) than traditional fossil fuels,” the complaint continues.

As climate change exacerbated wildfires and floods in Colorado, Boulder alongside the two counties have suffered hundreds of millions of dollars in damage, according to the complaint. And they expect millions of dollars more in damage in the decades to come.

The complaint cites the Fourmile Canyon fire in 2010 and widespread flooding in 2013 as examples of the damage caused by climate change.

The lawsuit is seeking a jury trial and unspecified monetary damages to cover past and future costs of climate change. Conrad Swanson: 303-954-1739, This email address is being protected from spambots. You need JavaScript enabled to view it. or @conrad_swanson