The Volokh Conspiracy
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Previewing Suncor Energy v. Boulder County
A Federalist Society forum on the first big case of OT 2026.
Earlier today I participated in a Federalist Society Forum on the major climate change case on the docket for OT 2026: Suncor Energy v. Boulder County, a case I previewed here.
Joining me in the discussion were West Virginia Solicitor General Michael Williams and O.H. Skinner of the Alliance for Consumers. Annie Donaldson Talley of Luther Strange & Associates moderated. Video below.
For those interested, here are my prior posts on this subject:
- Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted, Oct. 27, 2021;
- Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court, Aug. 17, 2022;
- Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated), Mar. 25, 2023;
- Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED], Dec. 11, 2023;
- D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court, Dec. 19, 2023;
- William Barr Responds on American Petroleum Institute v. Minnesota, Dec. 26, 2023;
- Supreme Court Takes a Pass on Minnesota Climate Change Case, Jan. 8, 2024;
- Are State Law Climate Change Tort Suits Preempted by Federal Law?, May 3, 2024;
- Supreme Court Denies Certiorari in Climate Tort Suits, Jan. 13, 2025;
- Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits, Mar. 10, 2025;
- William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution), Nov. 3, 2025;
- Placing Climate Tort Litigation in Context (Updated), Nov. 7, 2025;
- A Second Round with William Barr on Litigation Over Interstate Pollution, Dec. 2, 2025;
- Court Dismisses Trump Administration Effort to Block Michigan Climate Lawsuit, Feb. 4, 2026
- Climate Change Goes Back to the Supreme Court -- Colorado Edition, Feb. 23, 2026.
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