Colorado Secretary of State Jena Griswold sounded ready to bring her own climate lawsuit this summer if elected attorney general.
However, with Boulder’s case facing scrutiny at the U.S. Supreme Court and becoming an issue in Colorado’s congressional races, Griswold is now offering a more cautious message.
At Wednesday’s Colorado Sun debate, the Democratic attorney general nominee – endorsed by actress and climate activist Jane Fonda – twice sidestepped questions about whether she would bring a similar lawsuit on Colorado’s behalf. Instead, Griswold pointed to current Attorney General Phil Weiser’s decision to file an amicus brief supporting Boulder’s ability to pursue its case without filing a separate statewide case:
“I support what Phil Weiser ultimately did … I said I believe before he filed the amicus that I would support an amicus brief in support of the case.”
This is a significant backtrack from the previous position that she offered before the primary, when she told Politico she would equip the attorney general’s office to bring climate-related lawsuits without waiting for the governor.
Her more cautious answers follow the October 5 oral arguments in the Boulder case, where the justices pressed the municipality’s attorney on the potential reach of its legal theory.
As Energy In Depth documented, Chief Justice John Roberts questioned what would happen if municipalities nationwide copied Boulder’s lawsuit. Justice Clarence Thomas also asked whether Boulder’s theory could extend to large retailers of fossil fuel products.
Boulder’s attorney, Kevin Russell, acknowledged:
“Nothing in our theory prevents that.”
The concern extends beyond the two companies Boulder sued to how many other businesses could face similar claims, sending a massive ripple effect across the economy that could impact any business that generate emissions.
Climate Litigation Becomes a Campaign Issue in Colorado
That debate has already reached Colorado voters.
As Energy In Depth documented following the 8th Congressional District debate, incumbent Gabe Evans warned that expanding litigation to gas stations, refineries and producers would raise fuel prices. His exchange with Democrat Manny Rutinel put the potential costs of Boulder’s legal theory squarely on the campaign trail.
Energy issues and Boulder’s climate lawsuit are taking center stage on the campaign trail in Colorado, particularly the 8th District that "feeds and fuels the rest of Colorado." Watch ⬇️ https://t.co/fAB00nAx9t
— Energy In Depth (@EnergyInDepth) October 8, 2026
With the potential costs of climate litigation now a campaign issue, Griswold’s reluctance to clarify her position on a statewide lawsuit is especially telling.
Her shifting answers come as she lost a major endorsement. In an October 16 editorial, The Denver Post endorsed her Republican opponent, El Paso County District Attorney Michael Allen. The board called him a moderate with integrity and a proven record of managing a large legal office and winning complex cases.
The editorial board contrasted that record with Griswold’s experience:
“Jena Griswold, on the other hand, has had very limited courtroom experience.”
The Post also raised concerns about her leadership and management of the Secretary of State’s office, pointing to high staff turnover and a string of costly errors.
BOTTOM LINE: Before the primary, Griswold signaled that she would prepare Colorado’s attorney general’s office to pursue a climate lawsuit independently of the governor. Now, with the Supreme Court questioning how far Boulder’s theory could extend, she is dialing back her rhetoric. Colorado voters deserve answers on where she stand – and whether additional climate litigation remains part of her agenda.
