Green Thumb Down for Colorado’s Energy Suits

Letter to Romans: Greta Thornberg needn’t hold her breath as US Sup Ct will likely overturn Colorado Supremes’ approving fraud & tort claims for alleged greenhouse emissions harm in Suncor Energy v Boulder. Since when do state courts control climate?

Colorado’s highest court of appeals says it ruled the way it did because its legislature & courts are not trying to regulate emissions nationally but simply looking to compensate individual victims of pollution who had never been given any warning by energy companies who ostensibly knew better. Those applauding the earlier ruling insist Colorado’s cause of action is more akin to those state cases already widely authorized for harm proven to be done in tobacco & opioid scenarios. But, what defense attorneys are saying will rain on this latest new line of litigation’s parade, is that climate change & emissions are not only “inherently” global, but to allow the state courts to impose billions of dollars in impossible to prove liability under 50 different state tort laws would not only wreak havoc on the industry, but transfer the nation’s energy policy from the federal government to state officials & jurists.

The key legal term the US Justices will have to grapple most with is the “pre-emption doctrine” & the existing Clean Air Act. A solid majority has already & often ruled they control all such interstate emissions claims. They’ll also have to explain to everyone why the constitution’s Commerce Clause may also bar local lawsuits that hinder interstate commers as well as impliedly set US foreign & energy policy. Of course, the Supremes can blow smoke & “punt” for the time being on “jurisdictional” grounds … or even throw a bone to complainants where “egregious” fraud on locals can be proven. But the stakes are so high & the energy industry is so vital to the entire nation, it is hard to conceive the Highest Court will side to any great extent with their Colorado counterparts.

Davd Soul