Ruling Keeps Lawsuit Against Exxon and Suncor in State Court, Following Similar Decisions from Two Other Appellate Courts

Boulder, CO - In the latest loss for Big Oil, a federal appeals court today ruled that a lawsuit from Colorado communities seeking damages from ExxonMobil and Suncor Energy for lying about climate change can proceed in state court, where it was originally filed. 

The 2018 lawsuit from the city of Boulder and the counties of Boulder and San Miguel is one of almost 20 similar lawsuits filed across the country against the oil and gas industry, which has sought to have many moved to federal court.

Today’s unanimous ruling from a three-judge panel for the Tenth Circuit Court of Appeals marks the third time a federal appeals court has ruled that such cases belong in state court. Earlier this year, the Fourth and Ninth Circuit Courts of Appeals issued similar rulings in cases brought by Baltimore and a group of California cities and counties, respectively.  

Richard Wiles, executive director of the Center for Climate Integrity, released the following statement: 

“This ruling is the latest in a growing list of losses for Exxon and other Big Oil companies. The industry has fought tooth and nail to prevent communities seeking just compensation for climate damages from having their rightful day in court.  

“Three appeals court panels in a row have now issued unanimous rulings that climate damages cases against fossil fuel companies belong in state court. Big Oil’s days of escaping accountability for causing and lying about climate change are numbered.”

Today’s ruling is available here.