Legal Analysis

Administrative Law Climate

Suncor v. Boulder: Preemption, State Law, and Climate-Related Harm


Earlier this year, the Supreme Court agreed to consider Suncor v. Boulder, a case in which oil and natural gas companies have asked the Court to rule that state law claims related to damage caused by climate change are unavailable as a matter of law. The Court has scheduled oral argument for October 5, 2026.

Boulder and numerous amici supporting its position have raised a variety of arguments why the companies’ theories should fail. This analysis discusses some of those arguments and how this case fits into the moving pieces of climate regulation and litigation, including the broader context of the United States’ effort to prevent a range of state actions to address climate change.