Preemption -- active



Suncor Energy U.S.A., et al. v. County Commissioners of Boulder County, et al.   (U.S. Supreme Court)

Fighting for federal preemption of climate change lawsuits

On October 9, 2025, the NAM filed an amicus brief urging the U.S. Supreme Court to grant cert and reaffirm that claims alleging harm from global climate change cannot arise under state law. This case is part of a coordinated, national litigation campaign over global climate change seeking to leverage state tort laws to impose costs on energy producers for the environmental impacts of climate change. In our brief, we argue that the subject matter of this case is a complex policy matter that is inherently national in nature. Individual states cannot regulate interstate and international emissions of greenhouse gases, which require uniform federal governance and international collaboration. We further argue that all state law claims relating to GHG emissions are preempted by the Clean Air Act, which delegates governance of these claims exclusively to the U.S. EPA. Notably, 26 state attorneys general, 103 members of Congress and the Solicitor General of the United States also filed amicus briefs urging the Court to grant review, expressing concern that municipalities are attempting to use “state law and state courts to supplant federal authority and set national energy policy.”


Related Documents:
NAM brief  (October 9, 2025)