Colorado Climate Lawsuit Attempts to Dictate Energy Policy Nationwide

As the Supreme Court enters the home stretch of its current term, Suncor Energy Inc. v. County Commissioners of Boulder County is emerging as one of the most consequential cases of the next. There, the Court will decide whether a single state’s tort law can dictate energy policy nationwide. And it will confront mounting efforts to bypass Congress and override a principle as old as the Republic: Each state governs within its own borders, and none may govern the rest.

In this lawsuit, the county of Boulder, Colo., seeks to extract billions of dollars from energy companies for “climate change harms.” Boulder does so under the theory that Colorado tort law imposes liability for the sale of gasoline, among other things. That threat of liability is designed to create economic pressure on businesses to reduce the sale of fossil fuels and, in turn, emissions. Importantly, though, Boulder seeks relief for conduct that occurs well beyond Colorado’s state lines, targeting emissions released from every state in the country and beyond.

JR

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J. Matthew Rice

J. Matthew Rice is the solicitor general of Tennessee.

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As the Supreme Court enters the home stretch of its current term, Suncor Energy Inc. v. County Commissioners of Boulder County is emerging as one of the most consequential cases of the next. There, the Court will decide whether a single state’s tort law can dictate energy policy nationwide. And it will confront mounting efforts to bypass Congress and override a principle as old as the Republic: Each state governs within its own borders, and none may govern the rest.

In this lawsuit, the county of Boulder, Colo., seeks to extract billions of dollars from energy companies for “climate change harms.” Boulder does so under the theory that Colorado tort law imposes liability for the sale of gasoline, among other things. That threat of liability is designed to create economic pressure on businesses to reduce the sale of fossil fuels and, in turn, emissions. Importantly, though, Boulder seeks relief for conduct that occurs well beyond Colorado’s state lines, targeting emissions released from every state in the country and beyond.