Brief as Amici Curiae of Scott Surovell, Virginia Senate Majority Leader, et al, in Support of Respondents in Suncor Energy, et al., v. County Commissioners of Boulder County, et al., No. 25-170
Filed August 3, 2026
The Environmental Law and Community Engagement Clinic at UVA Law filed this amicus brief on behalf of Members of the Virginia General Assembly (Senate Majority Leader Scott Surovell, Senator Creigh Deeds, Delegate Katrina Callsen, and Delegate Amy Laufer) in support of Respondents in a U.S. Supreme Court case affecting the role of States in helping residents seek recovery for injuries associated with climate change. The case, Suncor Energy v. County Commissioners of Boulder, considers whether the federal Clean Air Act (CAA) or the U.S. Constitution preempts Colorado’s plenary authority to open its state courthouse doors to consider claims of public nuisance, private nuisance, trespass, unjust enrichment, civil conspiracy, and violations of the Colorado Consumer Protection Act—notwithstanding upstream impacts on the production of greenhouse gas-emitting fuels. This amicus brief supports Respondents’ argument that these state-law claims are not in conflict with any federal regulation under the CAA because Boulder, Colorado is not seeking to regulate greenhouse gas emissions. To the extent that Respondents’ state-law case has an upstream impact on pollution, that indirect impact is outside of the regulatory design of the CAA. This amicus brief primarily critiques Suncor’s argument that federal law could preempt state action simply because greenhouse gas emissions are “a critical step in the causal chain between petitioners’ alleged conduct and respondents alleged injuries.” Pet’rs Br., at 36. Amici curiae note that this “causal chain” theory of preemption would impose a wildly overinclusive test, potentially invalidating broad swaths of uncontested state authority—to impose gas taxes, enforce speed limits, require efficiency standards through building codes, or promote renewable energy development via state public utility commissions. The brief emphasizes that Boulder’s lawsuit has as much of an impact on greenhouse gas emission standards as a speeding ticket has on tailpipe pollution regulations. Issuing fines to motorists and directing them to drive more slowly will have the upstream benefit of reducing fuel consumption. But no one would label a traffic citation as an emissions regulation.