Americans are worried about energy costs, grid reliability and falling behind China. The Supreme Court is about to weigh in on something that touches all three.
The case, Suncor Energy v. Boulder County, is one of the numerous climate litigation cases seeking to hold energy producers financially responsible for the purported consequences of climate change. Supporters view such lawsuits as an accountability tool; however, a more appropriate view is that these cases are a means of legislating through litigation.
In this case, Boulder, Colo., seeks to supplant established federal law with Colorado tort law. Federal law, under the Clean Air Act, Clean Water Act, and other federal statutes and regulations, has long established the environmental standards that must be met by industrial and other operations that affect the environment. As they should be, these laws have been properly debated and passed by duly elected federal lawmakers. Colorado now seeks to start a patchwork state approach by subjecting businesses to local standards.
The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.