On the first Monday of October the latest Supreme Court term commences, bringing the inaugural day of oral argument. The docket’s lead case is today Suncor Energy Inc. v. County Commissioners of Boulder County, which asks whether state-tort actions filed by the municipal and county authorities of Boulder, Colorado, against energy firms are preempted under the U.S. federal law.
This case has potentially significant implications, and its outcome may affect similar lawsuits across the country. Before the argument begins, Justice Brett Kavanaugh‘s family and several Boulder County commissioners arrive to take seats in the justices’ guest box.
Justice Samuel Alito announced last week that he would no longer participate in Suncor. Some advocacy groups had called for his recusal based on his ownership of individual energy stocks, though not of Suncor or ExxonMobil. In an interview with Bloomberg’s Greg Stohr, Alito stated that he felt it was “prudent” to withdraw, despite the court’s legal office advising him that recusal was not required.
Oral Arguments Begin
The chief justice opens with traditional business, announcing the closure of the October 2025 Term and the convening of the October 2026 Term. During bar admissions, one movant deviates from the scripted motion to praise his “fellow Marine” who will “make a great ambassador for the court.”
The Suncor case is called for argument, and Amy Howe provides the main account of the argument. The question presented, regarding the court’s jurisdiction over a Colorado Supreme Court decision, proves to be more than a formality.
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Justice Clarence Thomas asks Kannon Shanmugam, the lawyer representing Suncor and ExxonMobil, to explain why the court has jurisdiction. Shanmugam spends most of his allotted time addressing this question, and when Justice Elena Kagan suggests that he is presenting two conflicting theories of jurisdiction, he responds that, like his children, he loves both of their theories equally.
Shanmugam eventually gets to discuss the merits of the case during the seriatim round, where he highlights that over 60 municipalities have filed similar lawsuits seeking to hold oil and gas companies liable for damages related to greenhouse gas emissions.
Arguments Continue
Sarah Harris, the principal deputy solicitor general, argues that the Colorado Supreme Court treated the case as a self-contained original proceeding, giving the U.S. Supreme Court jurisdiction to review the ruling. Kevin Russell, representing the two Boulders and their officials, makes a few merits points before arguing that the petitioners have failed to establish the court’s jurisdiction.
Chief Justice Roberts suggests that the suit may not be different from other mass tort suits the Supreme Court has allowed to proceed in state court, and he questions Russell about the potential consequences of allowing such lawsuits to proceed. Russell responds calmly, stating that the mere fact that there could be a lot of litigation does not mean that preemption arises.
On rebuttal, Shanmugam takes one more stab at emphasizing the scope of the climate lawsuits that he is hoping the court will nip in the bud. Shanmugam concludes by saying, “[T]his case and others like it reflect an all-too-regrettable trend of trying to resolve major political issues in court rather than leaving them to the political branches where they belong. Climate change is certainly one of the most pressing issues of the day, but we would submit that this is exactly the wrong way to go about resolving it.”
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With that, Chief Justice Roberts says the case is submitted, and many in the courtroom stand to leave. During the commotion, Justice Alito slips in from the center curtain and moves to his place on the bench, where he will participate in the next argument on veterans’ benefits.
During the next argument, on veterans’ benefits, he will be back at home asking tough questions of counsel, rather than sitting around in his chambers, or perhaps worse, answering questions from news reporters, even if it is to promote his book.
As the courtroom emptied, the three Boulder County commissioners, Ashely Stolzmann, Marta Loachamin, and Claire Levy, made their way to the court’s plaza to address the press. They were joined by Boulder City Manager Nuria Rivera-Vandermyde, who had also been in attendance for the argument.
Next Argument
The court’s next argument was on the issue of veterans’ benefits, a case that had been scheduled to follow the Suncor argument. Justice Alito, who had recused himself from the Suncor case, was now back on the bench, ready to participate in the proceedings.
