The U.S. Supreme Court today agreed to review the City of Boulder and Boulder County’s climate lawsuit against American energy producers – and with it, the fate of a decade-long, foundation-funded litigation campaign designed to achieve through the courtroom what climate activists have repeatedly failed to do through Congress.
Originally filed in 2018, Boulder’s case is part of a broader wave of climate lawsuits brought by states and municipalities seeking to hold energy producers financially liable for the global impacts of greenhouse gas emissions. After years of procedural maneuvering, jurisdictional fights, and conflicting lower-court rulings, that strategy will now face a constitutional test at the Supreme Court.
The Question at Hand
At the heart of the petition filed by two energy companies is a far-reaching question: can state and local governments use tort law to regulate global greenhouse gas emissions and dictate national energy policy? Or does the Constitution reserve that authority — over interstate commerce, foreign affairs, and national energy — for the federal government?
The Constitution assigns authority over those matters to the federal government, not local courts. This case will determine whether those boundaries still hold – and whether a patchwork of local lawsuits can penalize lawful energy production and set U.S. climate policy from the courtroom rather than through legislative and regulatory processes.
Resolution to A Growing Split Amongst Courts
Lower courts have been divided on whether these cases belong in state court or are preempted by federal law. Judges in multiple cases—including in Colorado—have warned that climate claims raise questions reserved for the federal government.
Despite those concerns, climate plaintiffs have continued pressing forward, spending taxpayer dollars on lawsuits that have produced little more than headlines. Across the country, climate cases have struggled on the merits, with dismissals piling up even as activists push to keep cases alive.
What’s at Stake and the Road Ahead
The Supreme Court’s review presents a long-overdue opportunity to rein in this litigation campaign. A ruling for the defendants could halt similar lawsuits nationwide and reaffirm that energy and climate policy must be set by Congress, not by local courts. A ruling the other way would invite further litigation and deepen the legal and policy chaos surrounding America’s energy system.
The Court is expected to hear oral arguments in the fall, and the outcome will have major implications for energy producers, consumers, taxpayers, and the future of climate litigation in the United States.
