Complete Colorado

A deep dive into Boulder’s climate lawfare strategy

A recent episode of Independence Institute’s* PowerGab energy podcast takes a deep dive into the ongoing climate lawsuit brought by Boulder County and the City of Boulder against ExxonMobil and Suncor Energy, a case drawing national attention as it goes before the U.S. Supreme Court. Hosts Jake Fogleman and Amy Cooke are joined by Russ Greene, executive director of the Prime Mover Institute, to discuss the legal arguments, and implications for American energy policy.

As Greene explains, Boulder’s lawsuit alleges the companies misled the public about fossil fuels and climate change, resulting in increased greenhouse gas emissions and climate-related damages such as wildfires and drought.

The trio explore arguments raised by groups challenging Boulder’s lawfare strategy, including “horizontal federalism,” the notion that state or local governments should not be able to use tort law to dictate energy policy for other states or the nation. Because the claims involve global emissions, interstate commerce and foreign policy concerns, opponents argue it is properly handled at the federal level.

Greene argues these lawsuits represent a shift in strategy by environmentalists toward the courts after activists struggled to achieve their goals through legislation, suggesting that even if SCOTUS limits Boulder’s case, similar lawfare strategies are likely to continue.

You can see the entire episode on You Tube, or watch it below.

* Independence Institute is publisher of Complete Colorado.

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