Unpacking the Suncor Oral Argument
· Reason
This morning, the Supreme Court will hear oral argument in Suncor Energy v. Boulder County, in which fossil fuel energy companies are asking the Supreme Court to conclude that all state-law-based tort suits over damages allegedly caused by climate change are preempted. Assuming the Court reaches the merits, its decision could be quite significant for environmental law, climate policy, and American federalism.
I am scheduled to participate in two events analyzing the Suncor oral argument.
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On Friday, October 9, I will be talking about the case at the University of Pennsylvania's Penn Carey Law School. The event, "Discussing the Scope of Preemption in Emission s Lawsuits," will also feature James Goodwin of the Center for Progressive Reform is sponsored by the law school's Environmental Law Project and is part of Penn's Climate Week.
On Tuesday, October 13, I will again discuss the Suncor argument at the Case Western Reserve University School of Law. This event, "Hot Times at the High Court: Suncor v. Boulder County and the Future of Climate Litigation," is a webinar (though we will have an in person audience too). It will feature Professor Paul Salamanca of the University of Kentucky. Registration info is here.
For more on the case, here are (some of) my posts on the subject (with more to come):
- Climate Change Goes Back to the Supreme Court -- Colorado Edition, Feb. 23, 2026.
- Previewing Suncor Energy v. Boulder County, Mar. 6, 2026.
- Amicus Brief in Suncor Energy v. County Commissioners of Boulder County, Aug. 3, 2026.
- Supreme Court Term to Start Hot, Aug. 6, 2026.
- As Suncor Approaches, Justice Alito Recuses, Sept. 28, 2026.
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