U.S. Supreme Court Signals Interest In Climate Change Litigation

Could climate change litigation be headed back to the U.S. Supreme Court? That prospect seems more likely after the Supreme Court issued an order on October 3, 2022, inviting the Solicitor General to file a brief expressing the views of the United States on whether to grant certiorari in Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County.

In Suncor,a group of energy companies have asked the Supreme Court to review the Tenth Circuit's decision holding that federal courts lack jurisdiction over climate-related tort claims brought by the city and county of Boulder, Colorado. The Supreme Court's October 3 order suggests it has a significant interest in the Suncor petition: Where the Supreme Court calls for the views of the Solicitor General, empirical research shows that certiorari "is over 46 times more likely to be granted."