Colorado
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.
“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.
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.
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:
Colorado
Colorado Parks and Wildlife launches potential hunting opportunity for wild bison
Colorado Parks and Wildlife is creating a roster where individuals can sign up for a bison hunting license.
Interested hunters can apply to be added to the list, which will only be used if management action — such as preventing property of agricultural damage — is required for wild bison that enter Colorado. The state is not creating a regular hunting season for bison.
Colorado is not home to any herds of wild bison after the species was systematically killed across the West in the 1800s.
However, a new bill signed into law in May allowed the species to be dual-classified as livestock or wildlife. The bill’s primary goal was to protect wild bison from Utah’s Book Cliffs herds that wander into Colorado near Rangely. Prior to the law being enacted, these animals lost any protections when they entered Colorado and were typically killed.
Parks and Wildlife estimates that the mismatch in protections has led to a dozen wild bison being killed in Colorado after leaving Utah in the last decade. It estimates that 25 have been killed in the past 20 years.
Now, free-roaming wild bison are managed by Parks and Wildlife as a big game species, meaning they cannot be killed without a proper license or permission. Privately-owned bison will continue to be managed by the Colorado Department of Agriculture as livestock.
In accordance with the new law, Parks and Wildlife launched a stakeholder process to create a bison management plan in October. The plan will set a bison management area and a population objective range to guide future decisions around wild bison in the area just northwest of Grand Junction, where the animals have previously entered Colorado. In the fall, the wildlife agency’s commission also passed a few regulatory changes, including building a regulatory framework for the potential hunting of wild bison to protect against disease or property damage and that covers compensation for property damages caused by the animals.
In October, as wildlife advocates urged Parks and Wildlife not to allow hunting of bison, Brian Dreher, assistant director of the terrestrial branch at Parks and Wildlife, said the new regulatory framework merely provides the agency with management options.
“We don’t have any intentions to hunt these animals in the near term, but we also need some flexibility to deal with any issues that arise,” Dreher said.
With the creation of the “bison roster,” which Parks and Wildlife announced on Jan. 1, hunters will be randomly selected in the event the agency needs to kill a wild bison that is causing issues. The agency reported these special licenses will be issued on a “case-by-case basis for time-sensitive management needs.” Once a hunters’ name is selected, the hunter will be granted a one-week license to kill a bison.
The application to sign up for the roster is available from Jan. 1 to 31 on the Parks and Wildlife website. If a drawing is conducted, successful applicants will be notified by phone and email. Hunters will have 24 hours to respond and accept the license.
Colorado
Fatal crash in Aurora causes closure on S. Gun Club Road
Police in Aurora are asking drivers to avoid the area near a serious crash that happened early Sunday evening.
According to the Aurora Police Department, the crash occurred after 5 p.m. on S. Gun Club Road between E. Jewell Avenue and E. Hampden Ave. Authorities said that four vehicles were involved, and at least one person has died.
Officers have closed down the area near the intersections while crews work the scene. The crash is under investigation, and authorities asked drivers to avoid the area until further notice.
Colorado
Northern Colorado stuns CU Buffs men’s basketball
The Colorado men’s basketball team won’t be cruising into Big 12 Conference play behind a wave of momentum.
Quite the opposite, in fact, as the Buffaloes will begin play in one of the nation’s most challenging leagues on the heels of one of the most embarrassing home defeats in recent memory.
CU (10-3) turned in another listless defensive performance and the Bears took advantage, handing CU an 86-81 defeat Sunday afternoon at the CU Events Center.
It was UNC’s first win against Colorado since Feb. 18, 1936.
UNC shot .739 in the second half (17-for-23) and finished the game 11-for-21 on 3-pointers.
UNC’s Quinn Denker returned from a two-game injury absence to score 33 points against the Buffs. Freshman Isaiah Johnson led the Buffs with a season-high 25 points.
This story will be updated.
Northern Colorado 86, Colorado 81
NORTHERN COLORADO (10-3)
Nyeri 2-4 0-0 5, Wisne 6-15 0-0 13, Yamazaki 5-8 5-5 19, Bloch 3-6 0-0 8, Denker 12-18 6-6 33, Shields 3-6 2-6 8, Delano 0-2 0-0 0, Mawien 0-0 0-0 0. Totals 31-59 13-17 86.
COLORADO (10-3)
Dak 6-14 2-2 16, Rancik 4-13 4-4 14, Malone 2-5 2-2 6, Hargress 8-15 1-1 18, Kossaras 1-2 0-0 2, Johnson 9-20 5-6 25, Sanders 0-3 0-0 0, Holland 0-4 0-0 0, Ifaola 0-0 0-0 0. Totals 30-76 14-15 81.
Halftime: Northern Colorado 37-35; 3-Point Goals: Northern Colorado 11-21 (Yamazaki 4-6, Denker 3-5, Bloch 2-4, Nyeri 1-2, Wisne 1-3, Delano 0-1), Colorado 7-23 (Dak 2-4, Johnson 2-6, Rancik 2-6, Hargress 1-3, Holland 0-1, Kossaras 0-1, Sanders 0-2); Rebounds: Northern Colorado 39 (Denker 8), Colorado 37 (Johnson 8); Assists: Northern Colorado 17 (Denker 8), Colorado 11 (Hargress 5); Total Fouls: Northern Colorado 12, Colorado 14.
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