Local governments are attempting to recast climate liability as fraud or deception claims rather than emissions claims, seeking to avoid federal preemption and expand state‑law remedies. If courts accept such pleading theories, municipalities nationwide could file similar suits alleging companies misled the public, producing a wave of decentralized climate litigation and legal uncertainty for energy markets.
— A judicial acceptance of fraud‑based climate suits would reassign major regulatory choices from legislatures and agencies to courts, changing incentives for companies, investors, and local governments.
Richard A. Epstein
2026.10.21
100% relevant
Boulder v. Suncor: the county argued at Supreme Court oral argument that the case is “about deception” not emissions, aiming to evade Clean Air Act preemption (quote from Kevin Russell and the Suncor defendant set).
← Back to all ideas