The justices sent mixed signals on whether climate deception cases can proceed in state courts. The Court has not yet ruled, and a decision is expected months after argument. The jurisdictional question could end the case without a ruling on the merits. Congress is also weighing in. The Stop Climate Shakedowns Act of 2026 (S. 4340), introduced in the Senate in April, would address these suits, and its progress is unresolved.
Dozens of similar suits by states, cities, and counties are pending, and none has reached trial, largely because of venue fights and other procedural disputes. Industry groups and some members of Congress argue that the Constitution or the Clean Air Act forecloses these claims. Earthjustice has warned that a ruling against Boulder could shield other industries, including social media companies and pharmaceutical manufacturers, from suits over alleged deception about product risks. Attorneys handling state-law tort or consumer deception claims should track the jurisdictional holding first, since it could dispose of the case, and then the scope of any preemption reasoning, since it could reach well beyond climate litigation. They should also watch S. 4340 and rulings on venue in the pending cases.