SCOTUS Announcement On Boulder Climate Case Expected Soon

The U.S. Supreme Court may announce as soon as this week whether it will take up a key jurisdictional question in the climate litigation campaign, setting up the potential of a huge setback for lawsuit supporters.

At issue is whether the climate lawsuit brought by the City and County of Boulder and the County of San Miguel against two energy companies – and, in effect, all climate lawsuits introduced under public nuisance claims – should be heard in federal or state court. After the Tenth Circuit Court of Appeals affirmed a district court’s order remanding the Colorado municipalities’ lawsuit to state court, the energy companies named in the suit filed a petition asking the Supreme Court to review and overturn the ruling.

As reported by E&E News, this is “a venue dispute with huge consequences.” There are currently more than two dozen cases percolating at different stages in different courts across the country, many of which would be affected by a SCOTUS decision should the court take up the case.

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