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Supreme Court debates climate liability jurisdiction in new term

10/6/2026

The Supreme Court opened its new term with a two-hour oral argument questioning whether federal or state courts should adjudicate civil lawsuits against energy companies for alleged climate change harms.

Eight justices participated in the session, which featured a recusal by Justice Samuel Alito due to his ownership of stock in oil companies.

Commissioners of Boulder County, CO, centers on whether local and state governments can seek billions of dollars in damages for rebuilding costs associated with wildfires, rising sea levels, and severe storms attributed to fossil fuel pollution.

Local officials argue that financial penalties are necessary to mitigate ongoing community harms, including recent forest fires and worsening air pollution.

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