Suncor Energy v. Boulder County: Federalism, Judicial Power, and the Future of Climate Litigation

In Suncor Energy, Inc., v. Commissioners of Boulder County, the Supreme Court will consider whether state courts may use tort law to impose what amounts to a nationwide climate regulatory regime—despite Congress’s central role in addressing interstate and international emissions. Colorado local governments sued several energy companies in state court, asserting nuisance, trespass, consumer protection, and conspiracy claims for harms allegedly caused by global greenhouse-gas emissions. Although framed as state-law tort actions, the lawsuits seek damages and remedies tied to worldwide energy production and cross-border emissions—issues that are inherently national and international in scope. The energy companies argue that these claims are displaced by federal law because they attempt to regulate interstate and international pollution, an area requiring uniform federal rules. Allowing 50 different state courts to impose varying standards for global emissions, they contend, would undermine constitutional structure, interfere with federal authority, and invite judicial policymaking on questions committed to Congress and the political branches. The Colorado Supreme Court rejected those arguments, permitting the case to proceed in state court. The U.S. Supreme Court has now granted review and added an important threshold question: whether it even has jurisdiction to hear the case at this interlocutory stage—raising additional concerns about the proper limits of judicial power under Article III. This webinar will examine whether state-law climate tort suits represent a legitimate exercise of state authority or an attempt to achieve sweeping national policy changes through strategic litigation rather than the democratic process. What does constitutional structure require when global environmental regulation collides with state common law? And what are the consequences for federalism if courts become venues for resolving inherently national policy disputes? Join us for a discussion of the constitutional stakes and what this case may mean for the future of climate litigation nationwide. Featuring: Jonathan Adler, Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School; Senior Fellow, Property and Environment Research Center O.H. Skinner, Executive Director, Alliance For Consumers Michael Williams, Solicitor General, West Virginia (Moderator) Annie Donaldson Talley, Partner, Luther Strange & Associates