Do state courts have the power to regulate not just national industries but global ones, including conduct that took place entirely outside the state? That is the question facing the Supreme Court on Monday when it hears oral arguments in Suncor Energy v. Boulder County.
On its face, Boulder County’s lawsuit against Exxon Mobil and Suncor Energy is absurd. The Colorado county is suing these two energy companies, and just these two energy companies, for costs borne by the county that were allegedly caused by climate change, including damage from wildfires and floods, deterioration of roads and bridges, and the expense of protecting residents from future disasters.
But combined, these two energy companies accounted for approximately 1.5% of global greenhouse gas emissions in 2024. To hold these two companies, and just these two companies, responsible for the alleged harms of global warming defies all logic…