Civil Procedure
Oct. 2, 2026
Oil companies want Supreme Court protection, but the justices should refuse
The Supreme Court must decide whether it can review ExxonMobil and Suncor's federal defense before Colorado's climate deception lawsuit reaches a final judgment, a decision that could affect state court autonomy and litigation far beyond climate cases.
Will Pletcher
Litigation Director
Consumer Watchdog
Stanford Univ Law School; Stanford CA
When eight justices take the bench on Oct. 5 to hear the climate deception case Suncor v. Boulder, they will first have to decide whether fossil fuel companies can obtain Supreme Court review before the state courts have finished the case. The Court added that question itself when it agreed to hear the case. Supreme Court review of state court decisions must ordinarily await a final judgment. The answer will reach cases far beyond climate litigation. More immediately, at stake her...
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