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Supreme Court Will Open October Term With Major Climate Preemption Case

The case will decide whether federal law bars state tort suits over interstate and international greenhouse‑gas emissions or whether state courts can award damages that shift climate costs.

Overview

  • The Court set oral argument in Suncor Energy v. County Commissioners of Boulder County for Oct. 5, 2026, as the first case of the new term.
  • At issue is whether federal law, including the Clean Air Act and federal common law, preempts state-law claims seeking damages for harms tied to greenhouse-gas emissions.
  • The justices also added a separate question about whether the Court has statutory and Article III jurisdiction to hear this interlocutory appeal before a final state-court judgment.
  • The U.S. Department of Justice filed a pro-petitioner brief arguing for preemption, while more than 70 amici filings from politicians, trade groups, environmental groups and municipalities press opposing views.
  • A ruling could halt or clear roughly 40 pending local and state climate suits, affect multibillion-dollar liability exposure for fossil-fuel companies, and reshape how state courts handle interstate environmental harms.