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Supreme Court

Supreme Court Term to Start Hot

OT 2026 leads off with climate litigation.

Jonathan H. Adler | 8.6.2026 9:23 AM

Suncor Energy (USA), Inc. v. County Commissioners of Boulder County, the dispute over whether federal law preempts claims against fossil fuel companies for alleged harms from climate changes exacerbated by the companies' alleged conduct, will be the very first case heard by the Supreme Court this October.

Suncor is obviously an important environmental case, but its significance is far broader. If the claims are allowed to proceed--and if the plaintiffs are able to overcome the other hurdles to making their case (a significant if)--quite a bit of money could be at stake. In addition, if the justices reach the merits, the case could dramatically alter the law of federal preemption.

Given the significance of the case, it should be no surprise that waves........

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