by Melodie Miller | October 13, 2026 | 6 minutes read
The Supreme Court Building’s west pediment tympanum is a triangular recessed section filled with allegorical marble sculptures by artist Robert I. Aitken. The figures represent Liberty Enthroned, flanked by Order and Authority, along with prominent historical and legal figures. The architrave, the horizontal lintel directly beneath the sculpture, is carved with the motto “Equal Justice Under Law.” (Image Courtesy of the Associated Press)
The U.S. Supreme Court opened its new term on October 5 with an oral argument in a closely watched climate case brought by the city and county of Boulder, Colorado, against Suncor Energy (U.S.A.) Inc. and ExxonMobil. Boulder seeks to recover a share of costs it has incurred and will incur in responding to damage it attributes to climate change. Boulder alleges the oil companies knew fossil fuels contributed to climate change and concealed their knowledge.
The oil companies’ attorneys, backed by the U.S. Department of Justice, argued that interstate and international emissions are a federal matter that state law cannot reach. Boulder’s attorney, Kevin Russell, argued that the case concerns deceptive marketing, not emissions and that states have long provided remedies for injuries within their borders.
Three justices’ questions signaled doubt about whether the court has jurisdiction. If the court rules it has jurisdiction, it will decide whether the Clean Air Act and the Constitution can block Boulder’s state-law claims. If not, the case will return to the Colorado courts and proceed toward trial.
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