Suncor Energy v. County Commissioners of Boulder

In this case, the City and County of Boulder, Colorado, filed suit against oil companies Suncor and ExxonMobil, alleging state-law claims and seeking damages for the in-state harm to Boulder’s property and the costs of protecting residents’ health and physical safety. The oil companies argued that the state-law claims are preempted by federal law, and the Supreme Court granted the companies’ petition to consider the issue.

Public Citizen filed an amicus brief, rebutting the oil companies’ claim that the Clean Air Act—a law designed to preserve state authority to address air pollution harms—impliedly preempts states from exercising that authority to provide remedies for those injured by climate change resulting from the companies’ wrongful promotion and marketing of fossil fuels.