With Election Day approaching, District Attorney Michael Allen is making energy affordability part of his closing argument in the Colorado AG race, warning that climate lawsuits – like the one filed by Boulder – targeting American oil and natural gas companies would increase the cost of gasoline and home heating in Colorado.
In an October 31 post on X, Allen shared a clip from October’s attorney general debate with a blunt warning:
Allen Warns of Costs Beyond the Courtroom
Asked whether he would bring a lawsuit like Boulder’s at this October’s AG debate, Allen said he would not, arguing that widespread litigation against energy producers could drive the industry out of Colorado and leave consumers paying more:
“And if you think our cost of living is bad in Colorado today, then continue down that path and see what happens.”
Allen also said he would not have joined Attorney General Phil Weiser in filing an amicus brief supporting Boulder’s case. Decisions affecting energy costs across Colorado, he argued, belong in the legislature, where residents and stakeholders can weigh in:
“I don’t think that you make important decisions like that that affect millions of Coloradans through tort lawsuits filed by a particular city. You do that through legislation where you allow stakeholders to come in and testify in front of committees.”
His argument connects the climate litigation debate to a practical concern for voters: who gets to make policy choices that impact energy affordability?
Even Weiser, whose support Griswold invoked during the debate, has stopped short of endorsing the underlying merits of Boulder’s claims.
Griswold Leaves Statewide Lawsuit Question Unanswered
Griswold, meanwhile, defended Weiser’s approach, saying “I support what Phil Weiser ultimately did,” and reiterating that she would support an amicus brief.
However, when moderator Jesse Paul asked whether she would pursue a state-level lawsuit as attorney general, Griswold did not directly answer. Her deflection appeared to be a potential shift from her commentary over the summer, when she pledged to bring climate-related cases “with or without” the help of the governor.
That leaves voters without a clear answer on whether Griswold would commit Colorado itself to a similar lawsuit, or how she would address the potential costs Allen raised.
The same affordability debate has surfaced in Colorado’s 8th Congressional district, where Rep. Gabe Evans has warned that climate lawsuits could raise fuel prices, while Democratic challenger Manny Rutinel faces questions about his embrace of “all of the above” energy in light of his past advocacy for climate litigation.
The most recent polling in the 8th district shows the race effectively tied.
BOTTOM LINE: As the campaign closes, Allen is putting that affordability question squarely before voters. Candidates backing climate litigation should be prepared to explain how their approach would affect the price Coloradans pay at the pump and to heat their homes.
