Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County

U.S. Supreme Court

Question(s) Presented

1. Whether federal common law necessarily and exclusively governs claims seeking redress for injuries allegedly caused by the effect of interstate greenhouse-gas emissions on the global climate.

2. Whether a federal district court has jurisdiction under 28 U.S.C. 1331 over claims necessarily and exclusively governed by federal common law but labeled as arising under state law.

Tab Group

Petition Stage

U.S. Chamber files amicus brief

July 11, 2022

In a lawsuit brought by local governments against energy companies for damages allegedly attributable to climate change, the U.S. Chamber filed an amicus brief urging the Supreme Court to grant review and decide (1) whether federal rather than state common law applies to the plaintiffs’ claims, and (2) whether a plaintiff may evade federal jurisdiction by pleading federal common law claims as state-law claims.

William M. Jay and Andrew Kim of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The U.S. Chamber previously filed an amicus brief in this case before the Tenth Circuit.

Case Documents

Tenth Circuit Opinion -- Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.), Inc. (Tenth Circuit).pdf

U.S. Chamber Amicus Brief (cert.) -- Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County (U.S Supreme Court).pdf