State and local climate-damage suits against energy companies effectively export one jurisdiction’s policy preferences by penalizing conduct that occurs elsewhere and complies with federal law. If allowed to proliferate, these actions could create a patchwork of de facto national energy rules set by local courts rather than Congress or federal agencies.
— This reframes climate litigation as a federalism and preemption problem, not just a liability question, pressing the Supreme Court to clarify the limits of state law in regulating interstate energy and emissions.
2025.10.01
80% relevant
The Colorado Supreme Court allowing Boulder County’s climate lawsuit aligns with the argument that local torts can function as de facto national energy policy, potentially preempted by federal law.
Ilya Shapiro
2025.09.30
100% relevant
Colorado Supreme Court’s decision letting Boulder County pursue state tort claims over global greenhouse-gas emissions against energy firms.
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