Kevin Hannon, Partner at Singleton Schreiber, was recently featured by Fox31 KDVR in their article, "Boulder’s Lawsuit Against ExxonMobil, Suncor Allowed to Continue," published on May 12th, 2025.
The article covers a major legal development in the environmental litigation case Board of County Commissioners of Boulder County, et al. v. Suncor Energy (U.S.A.) Inc., et al., in which the Colorado Supreme Court ruled that the lawsuit against ExxonMobil and Suncor Energy can proceed under Colorado state law.
According to the ruling, the case will remain in Colorado state court rather than moved to federal court, allowing Mr. Hannon and the other plaintiffs to move forward in seeking monetary damages rather than injunctive relief. The Court also rejected arguments from Exxon and Suncor that federal law should preempt Colorado's ability to hold fossil fuel companies liable for local climate harm and affirmed that Colorado law is fully capable of addressing state-specific climate impacts without interfering with federal emissions policy or interstate pollution regulation.
Commenting on the significance of the decision, Mr. Hannon said:
“The Court properly ruled that Colorado law is fully capable and appropriate to address climate harms occurring in Colorado. After over seven years, Boulder County and the City of Boulder can finally have their day in court.”
Board of County Commissioners of Boulder County, et al. v. Suncor Energy (U.S.A.) Inc., et al. was originally filed in April 2018 by Boulder County, San Miguel County, and the City of Boulder, who are seeking damages related to the costs of climate change impacts and decades of alleged corporate misinformation.
