The Supreme Court’s oral argument in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County exposed a question that has received comparatively little attention in the broader debate over climate litigation: How should courts understand the role of corporate deception in these cases?
“Climate deception” describes several different forms of litigation. Some lawsuits assert public nuisance, trespass, failure to warn, negligence, or related tort theories seeking compensation for the physical, economic, and governmental costs of climate change. Others challenge allegedly false or misleading environmental representations under state consumer-protection statutes. There are also hybrid cases combining consumer-protection and tort claims.
As originally pleaded, Suncor began as a hybrid case. Boulder combined common-law claims with a statutory claim under the Colorado…
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