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

The Boards of County Commissioners of Boulder County and San Miguel County and the City of Boulder (plaintiffs) filed their opposition to fossil fuel companies’ petition for writ of certiorari seeking review of the district court order remanding their climate change case. The plaintiffs agreed with the companies that this case presented the same question regarding the scope of appellate review of remand orders as <a href="https://climatecasechart.com/case/mayor-city-council-of-baltimore-v-bp-plc/">BP p.l.c. v. Mayor & City Council of Baltimore</a>, in which the Court heard oral argument in January. The plaintiffs did not object to the companies’ position that the petition should be held pending the decision in Baltimore and then disposed of pursuant to the Baltimore decision. The Court distributed the petition for its April 16 conference and then again for its May 20 conference.

In December 2020, fossil fuel companies filed a petition for writ of certiorari seeking review of the Tenth Circuit decision affirming the remand order in the climate change case brought by the City of Boulder and Boulder and San Miguel Counties in Colorado. The companies requested that the petition be held pending the outcome of the Baltimore case since their petition raises the same jurisdictional issue.