05/26/2026
🚨 New SCOTUS brief from research director Michael Toth:
In today’s global economy, oil and gas function almost like an international currency. They underpin global supply chains, power international commerce, and shape the balance of power between nations.
Still, climate change plaintiffs — including progressive cities like Boulder — are asking state courts to impose de facto global standards on the production and use of American energy. That effort intrudes on the federal government’s exclusive authority over foreign affairs, interstate commerce, and national energy policy.
At stake is more than a single lawsuit. It is whether local governments can use state tort law to reshape policies with profound national and international consequences.
