In Re County Commissioners of Boulder County and City of Boulder, Plaintiffs: v. Suncor Energy USA, Inc.; Suncor…

Summary

The court held that Boulder’s state-law nuisance, trespass, unjust-enrichment, and civil-conspiracy claims seeking damages for climate-related harms are not preempted by federal common law, the Clean Air Act, or the federal foreign-affairs power. It reasoned that the Clean Air Act displaced federal common law in this area, but did not displace state tort claims, occupy the entire field of emissions regulation, create an impossibility or obstacle conflict, or make the claims an impermissible intrusion into foreign affairs. The court discharged the order to show cause and remanded for further proceedings without deciding the ultimate merits of Boulder’s claims.