The first case of the Supreme Court’s upcoming 2026 October term is the highly important Suncor v. Boulder County. It’s a case about whether the good people of Boulder, Colo., can sue oil and gas companies into oblivion due to their supposed contributions to climate change.
This weekend, I published two articles on the case taking on different aspects of it.
First is a piece I co-authored for the excellent Notre Dame Journal of Law, Ethics & Public Policy with my friend, the superb appellate attorney Ryan Walsh, about the constitutional basis of Suncor’s argument.
Second is an online Per Curiam piece in the Harvard Journal of Law & Public Policy on how the heart of these climate cases is an activist attempt at “judicial collectivization.”