Boulder’s climate lawsuit reached the U.S. Supreme Court on Monday, giving its supporters their best opportunity to demonstrate political support at dual Washington, D.C. and Boulder rallies.
However, Colorado’s most recognizable Democratic officials were missing.
Attorney General Phil Weiser, Rep. Joe Neguse, Secretary of State Jena Griswold, and State Rep. Manny Rutinel – the Democratic nominee in Colorado’s most competitive Congressional race – did not appear at either rally. Neither did Boulder state Rep. Junie Joseph or state Sen. Cathy Kipp, both members of the Rockefeller-funded Center for Climate Integrity’s network of elected officials.
Gov. Jared Polis, meanwhile, declined to comment directly on the lawsuit when interviewed by the New York Times ahead of the arguments.
Where Was Everyone?
Ahead of Monday’s arguments, EID Climate asked which Colorado elected officials would show up to publicly stand behind Boulder’s case.
Weiser, Neguse, Griswold and Rutinel were absent from both stages.
Weiser and Neguse’s absences were particularly notable because they already intervened in the litigation, supporting Boulder.
Weiser, for his part, has refused to back Boulder’s underlying theory, offering at least one plausible rationale for his reticence to take a stand with Boulder. Neguse’s absence, however, is harder to overlook given Boulder is in his congressional district.
Fonda’s Endorsement, but No Appearance for Boulder
Griswold and Rutinel both carry the endorsement of the Jane Fonda Climate PAC, the anti-energy political organization.
Griswold has publicly supported Boulder’s lawsuit and pledged to pursue additional climate litigation if elected as Colorado’s attorney general:
“[I will] work to ensure the AG’s office has the resources to bring climate-related lawsuits without waiting on the governor’s administration.”
Rutinel, meanwhile, has his own record of anti-energy activism.
He was arrested at a 2019 divestment protest that disrupted the Harvard–Yale football game, and as a law student, showed up to protest energy company lawyers and publicly urged the courts to make the companies pay damages.
So why was he missing when Colorado’s highest-profile attempt to do exactly that reached the Supreme Court?
Could it have anything to do with affordability? Showing up for Boulder would invite questions about how his past support for anti-energy activism could raise gasoline prices squares with his campaign promises to lower costs.
Where Was CCI’s Colorado Network?
The Rockefeller-funded Center for Climate Integrity’s “Leaders Network” was also largely missing.
Six of its seven Colorado members were either absent or went unrecognized at both rallies, including Guyleen Castriotta, state Sen. Lisa Cutter, Obi Ezeadi, Meg Froelich, state Rep. Junie Joseph and state Sen. Cathy Kipp.
Joseph represents Boulder in the state House, making her absence unusual.
Where were these “climate leaders” when Boulder’s case reached the Supreme Court?
Colorado Opposition Has Been Clear
While prominent Democrats have held back, other Colorado voices have explained exactly why they oppose the litigation.
Former Colorado Attorney General and Interior Secretary Gale Norton published a column in the Denver Post criticizing the lawsuit and warning about the consequences of resolving national energy policy through individual lawsuits.
Former Rep. Bob Beauprez, a real Colorado rancher, recently challenged attempts to portray the lawsuit as a cause embraced by rural Colorado. In the Washington Examiner, he argued that agriculture depends on affordable energy and the hypocrisy of Boulder attacking the very industries the state relies on.
The Denver Post editorial board raised similar objections when the lawsuit was filed in 2018, rejecting the tobacco analogy and warning against demonizing an industry central to Colorado’s economy. Its criticism underscores that opposition to Boulder’s approach has existed within Colorado since the beginning.
That opposition is also on the Supreme Court docket. The Associated Governments of Northwest Colorado and eight counties – Archuleta, Delta, Garfield, Grand, Mesa, Montezuma, Montrose, and Rio Blanco – filed a brief supporting the energy companies. They argued that Boulder’s litigation threatens communities dependent on energy production and could impose Boulder’s policy preferences on other Colorado jurisdictions.
Meanwhile, no additional Colorado city or county joined the local-government amicus brief supporting Boulder. That filing drew its support from jurisdictions outside the state.
BOTTOM LINE: Monday gave Boulders’ supporters a clear opportunity to demonstrate the breadth of their political backing.
Boulder’s own officials and Rockefeller allies showed up. Many of the Colorado politicians best positioned to give the campaign political credibility within the Democratic party did not.
