Climate Change Lawsuits and Preemption or Displacement of State Law: Previewing Oral Arguments in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County

Recorded on Thursday, September 10, 2026

More Background on the LEC Website.

With #SCOTUS beginning its October 2026 Term with oral arguments in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, a panel of experts analyzed the merits of the parties' arguments and the broader implications of the Court's review for climate change litigation, federalism and the constitutional allocation of state and federal authority, preemption, energy policy, and the future of state-law climate and other novel tort claims.

Review the Docket here.

Each of our panelists authored or represented parties submitting amicus briefs in this case. We have included links to their briefs below.

Panelists:

Phil Goldberg, Managing Partner, Shook, Hardy & Bacon L.L.P.

• Brief amicus curiae of National Association of Manufacturers filed

Megan M. Wold, Partner, Cooper & Kirk, PLLC

• Brief amici curiae of Senator Ted Cruz, et al. filed

Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Horace W. Goldsmith Research Professor of Law, University of Virginia School of Law

• Brief amicus curiae of Professor Saikrishna B. Prakash filed.

Todd J. Zywicki, George Mason University Foundation Professor of Law and Co-Director, Institute for Consumer Financial Choice, George Mason University Antonin Scalia Law School

• Brief amici curiae of Professor Todd Zywicki, et al. filed

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School