States’ Climate Tort Suits Face Crucial Test as Supreme Court Considers Industry Challenge

The U.S. Supreme Court is set to consider whether climate change tort litigation brought by local and state governments against large energy companies can continue in state courts or whether jurisdiction is more appropriate in federal court.

Dozens of lawsuits initiated by local and state governments have been filed in state courts across the country. In this particular case, the City of Boulder, Colo. sued two global energy companies. The companies have argued that both the Constitution and the federal Clean Air Act  prohibit state-level climate torts. The defendants argued that greenhouse gas emissions and climate change are a “uniquely federal interest.”

However, the Colorado Supreme Court disagreed. In a May 2025 decision, the state’s highest court refused the companies’ request to throw out the City of Boulder’s claims. The case seeks damages against the energy companies, alleging they withheld information about the potential impacts of fossil fuel usage on the environment.

The Hawaii Supreme Court reached the same conclusion in a similar 2023 case, allowing a climate change case brought by a municipality to proceed in state court.

The Trump Administration has sided with the companies and asked the United States Supreme Court to intervene and end these state-level lawsuits. On February 23, the Court agreed to do so, informing the parties they should prepare arguments to be heard at a later date. Interested parties should identify amicus briefing opportunities as the Court schedules the calendar for this case.

Beyond the immediate procedural posture, the Supreme Court’s decision to take this case reflects a broader institutional concern about fragmentation in climate regulation. At bottom, the Court is being asked to decide whether climate change liability will be shaped through a uniform federal framework or through a patchwork of state law theories that effectively regulate national and global conduct. That choice has implications well beyond the energy sector, particularly for companies facing coordinated, multijurisdictional litigation tied to long tail societal harms.

The Womble Bond Dickinson Energy & Natural Resources Sector and Business Litigation Teams are available to assist at all levels and will follow the developments of this case closely. Feel free to reach out if you have any questions.