This morning I filed an amicus brief in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County. In this case, likely to be argued in October, the Supreme Court will consider, among other things, whether the Clean Air Act or the Constitution preempt state-law claims seeking relief for injuries allegedly caused by climate change.
As my prior blogging on the subject has indicated, I find the preemption claims to be without merit. (I have no opinion on the procedural jurisdictional issue, but recommend the briefs by Profs. Derek Muller and Ben Johnson for an idea of the issues there.) Accordingly, my amicus brief focuses on the preemption claims. Here is the summary of my argument:
