Boulder's lawsuit against Exxon Mobil, Suncor allowed to continue ...Middle East

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DENVER (KDVR) — A lawsuit that accuses Exxon Mobil and Suncor of contributing to climate change through fossil fuel activities was allowed to continue under a Colorado Supreme Court ruling made Monday.

Boulder County, alongside San Miguel County and the city of Boulder, originally brought the lawsuit in April 2018 "for the costs that they face due to climate harms, and for decades of misinformation."

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"The Colorado Supreme Court’s decision validates what we have long known: our communities are already bearing the devastating impacts and mounting costs of the climate crisis,” said Boulder County Commissioner Ashley Stolzmann in an announcement of the case ruling. “This ruling brings us one step closer to holding accountable those who are the most responsible for altering our climate—and ensuring they contribute their fair share toward addressing the damage they’ve caused.”

The city and county of Boulder said Monday that the governments are facing "significant rising costs to address the impacts of climate change — costs that would otherwise fall entirely on local taxpayers."

The Colorado Supreme Court ruling ensures that the case will continue despite the fossil fuel companies' request to dismiss it. The Boulder County Commissioners wrote in an update on the case that the case has a global impact, but issued a narrow opinion focused on whether federal law blocks Colorado law.

Exxon Mobil and Suncor argued that Boulder's claims are governed by federal common law of interstate pollution. However, the court disagreed and denied the oil and gas companies' motion to dismiss.

The court also noted that Boulder is seeking monetary compensation and not an injunction, and does not pose an obstacle to air pollution emissions.

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“The Court properly ruled that Colorado law is fully capable and appropriate to address climate harms occurring in Colorado. After over seven years, Boulder County and the City of Boulder can finally have their day in court,” said Kevin Hannon, Partner, Singleton Schreiber, LLP, in the Boulder County release.

Monday's ruling will keep the case in district court, instead of moving it into federal court.

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