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Colorado Supreme Court rules that Boulder’s lawsuit against Exxon and Suncor can proceed

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Colorado Supreme Court rules that Boulder’s lawsuit against Exxon and Suncor can proceed


The Colorado Supreme Court ruled Monday that a lawsuit filed by the City of Boulder and Boulder County against energy companies Exxon Mobil and Suncor Energy can move forward.

The city and county argue in the ongoing lawsuit from 2018 that the companies are knowingly and willfully harming the planet and people through fossil fuel emissions, which the city and county say violates the Clean Air Act. The state Supreme Court agreed with Boulder in a 5-2 split.

Chief Justice Monica Márquez and Justices William Hood, Melissa Hart, Richard Gabriel, and Maria Berkenkotter joined the opinion of the city and county that the case should be allowed to continue in state court, while Justices Carlos Samour and Brian Boatright dissented, saying the case should be handled in federal court.

“We now conclude that Boulder’s claims are not preempted by federal law and, therefore, the district court did not err in declining to dismiss those claims,” Gabriel wrote in his ruling.

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The Suncor refinery in Commerce City, Colorado is seen in a Feb. 5, 2024 Getty Images file photo.

RJ Sangosti/The Denver Post via Getty Images


“This ruling affirms what we’ve known all along: corporations cannot mislead the public and avoid accountability for the damages they have caused,” Boulder Mayor Aaron Brockett said in a statement. “Our community has suffered significantly from the consequences of climate change, and today’s decision brings us one step closer to justice and the resources we need to protect our future.”

A phone message was left for an Exxon Mobil representative, and an email was sent to Suncor seeking comment Monday afternoon.

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Attorneys for the energy companies, however, previously said that fossil fuels are a necessity and one of many things that impact climate change.

“Dealing with climate change not only has to be uniform across the country, but it has to be something that we deal with internationally,” said Phil Goldberg, special counsel to the Manufacturers Accountability Project.

The Manufacturers Accountability Project — a legal advocacy project of the National Association of Manufacturers, which is supporting the energy companies in court — argues the U.S. Supreme Court should take on all these lawsuits by state and local governments, arguing that these issues are regulated by federal law and that the U.S. Supreme Court court already set legal precedent in these types of cases. Samour and Boatright are the only two state Supreme Court justices who agreed.

“Boulder’s damages claims against Exxon Mobil Corporation and three Suncor Energy companies (collectively, “the energy companies”) are based on harms the State of Colorado has allegedly suffered as a result of global climate change,” Samour wrote, in part, in his dissenting opinion. “I am concerned that permitting Boulder to proceed with its claims will interfere with both our federal government’s regulation of interstate air pollution and our federal government’s foreign policies regarding air pollution.”

The Boulder lawsuit is one of several similar lawsuits around the country. While courts in New York, New Jersey, and Maryland have dismissed the cases, the Hawaii Supreme Court gave the green light to a Honolulu lawsuit, and the U.S. Supreme Court refused to review the decision, keeping that case in state court.

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The U.S. Envionmental Protection Agency last year told Colorado public health officials they needed to get tougher on Suncor, which was fined over $10 million for air quality reporting violations.

Marco Simons, an attorney who argued the case for the Boulder plaintiffs, said in a statement that federal law doesn’t prevent any state or local community from seeking damages from companies those communities say harm them.

“This lawsuit is based on a fundamental legal principle: you have to pay your fair share for the harm that you cause,” he said. “Nothing in federal law stops Colorado courts from applying that principle to the fossil fuel industry’s deception about climate change and their knowing alteration of our climate, as the Colorado Supreme Court has now found.”

You can read the Colorado Supreme Court justices’ full opinions here:

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“Madsgiving” feeds thousands after Colorado community steps in to save event

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“Madsgiving” feeds thousands after Colorado community steps in to save event


What looked nearly impossible just a few weeks ago became a Thanksgiving miracle in Aurora.

Madsgiving is the annual effort that prepares and delivers thousands of meals to people experiencing homelessness, seniors, and families in need. It was on the verge of collapse earlier this month. 

The longtime chefs who normally anchor the event were deployed to Jamaica to help rebuild kitchens damaged by Hurricane Melissa. Without them, organizers suddenly had no chefs and no kitchen just weeks before Thanksgiving.

Lead Pastor Dwayne Johnson of Mean Street Worship Center has helped distribute Madsgiving meals for seven years.

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“At first, it started out as panic,” he said. “But then the community started coming together. Other agencies, ministries, and chefs came alongside us.”

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One of the first to answer that call for help was Pesto Italiano, a new restaurant that opened in Englewood this summer. Chef Pablo had never cooked a Thanksgiving meal in his kitchen before – and certainly not at the scale Madsgiving requires.

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“This was the first year we tried something like this,” he said. “We just opened in June. The first thing we wanted to do was help the community.”

Pesto Italiano donated their kitchen and their chefs, giving volunteers access to a full professional space to roast, prep, and assemble thousands of meals.

“With all the volunteers that came to help us, it was possible,” Pablo said. “We wanted to create something with love, passion, and quality – something people could enjoy the same way any family does on Thanksgiving.”

His team even improvised when dozens of turkeys arrived still on the bone and behind schedule. Pablo grilled and roasted them, finishing with a sauce of orange and rosemary. He even used pizza ovens to get the job done. 

Johnson says the scale of collaboration was unlike anything he’s seen.

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The Amish community from southern Colorado also stepped in, preparing meals on Wednesday before Thanksgiving.

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By midday Thursday, every group Madsgiving serves had been reached: people living in cars and under bridges, seniors in assisted living, nursing home residents, and people facing hunger across the city.

What started as a call for help became one of the largest Madsgiving efforts yet, powered by strangers, volunteers, churches, restaurants, and neighbors who refused to let the tradition die.

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“To the world, you’re one person,” Johnson said. “But to one person, you become the world. Today, miracles happened.”



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Here’s where Colorado’s gray wolves roamed in past month

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Here’s where Colorado’s gray wolves roamed in past month


Colorado’s gray wolves stuck a little closer to central parts of the state in late October and November, roaming into watersheds that reach metro Denver and near tribal lands to the south, according to a map released Wednesday.

The monthly Colorado Parks and Wildlife map shows the broad movements of 20 gray wolves that wear GPS collars. If an area is highlighted, that means at least one wolf was in a watershed at least one time during the time frame, according to state officials.

Between Oct. 21 and Tuesday, gray wolves traveled in watersheds that reach as far north as the Wyoming state line; as far east as Boulder, Jefferson, Adams and Broomfield counties; the northern edge of Archuleta County to the south; and Meeker in Rio Blanco County to the west.

Most wolf activity appeared to take place around the Continental Divide, with wolf movement tracked near Walden, Granby, Vail, Aspen and Gunnison.

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The wolves also explored near tribal lands to the south, Parks and Wildlife officials said. The state has an agreement with the Southern Ute tribe and is working to finish a similar agreement with the Ute Mountain Ute tribe to address potential impacts of wolf reintroduction.



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Police issue shelter-in-place order for Colorado Springs neighborhood due to barricaded suspect

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Police issue shelter-in-place order for Colorado Springs neighborhood due to barricaded suspect


COLORADO SPRINGS, Colo. (KKTV) – The Colorado Springs Police Department (CSPD) issued a shelter-in-place order Wednesday morning for 7366 Legend Hill Dr.

CSPD says this order is due to law enforcement responding to a barricaded suspect in the area. Police tell 11 News the call came in at 9:15 a.m. for a family disturbance.

If you are in the area, police encourage you to secure your home or business and stay away from doors and windows.

This is a developing situation; Information is very limited at this time. This article will be updated when more information is available.

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