On March 16, 2023, the Solicitor General filed a brief expressing the United States’ view that the Supreme Court should deny fossil fuel companies’ petition for writ of certiorari seeking review of the affirmance of a remand order in a climate change case brought by three local governments in Colorado. The brief argued that the Tenth Circuit Court of Appeals “correctly declined to recharacterize [the local governments’] state-law claims” as arising under federal common law because the Clean Air Act had displaced any relevant federal common law and no exception to the well-pleaded complaint rule applied. The brief asserted that the Grable test for when a state-law claim necessarily raises an actually disputed and substantial federal issue was not satisfied because “no federal issue is ‘embedded’ within respondents’ own articulation of their claims.” The Solicitor General’s brief also argued that “artful pleading” and complete preemption exceptions to the well-pleaded complaint rule did not apply. The brief contended that the Tenth Circuit’s affirmance of the remand order did not conflict with decisions in other courts of appeals, including the Second Circuit’s affirmance of the dismissal of <a href="https://climatecasechart.com/case/city-new-york-v-bp-plc/">New York City’s state-law claims</a> against fossil fuel companies.

Action by Colorado local governments seeking damages and other relief from fossil fuel companies for climate change harms.

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

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Solicitor General Opposed Fossil Fuel Companies’ Petition for Writ of Certiorari on Jurisdiction Issues in Local Government Climate Case

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Solicitor General Opposed Fossil Fuel Companies’ Petition for Writ of Certiorari on Jurisdiction Issues in Local Government Climate Case

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector