OP-ED by Ryan Owens, Professor & Director of the Florida Institute on Governance and Civics at FSU
Can a single local government use six jurors and a state trial court to dictate global energy policy and impose high costs on energy consumers nationwide? This dangerous question lies at the heart of Suncor Energy v. County Commissioners of Boulder County, now before the U.S. Supreme Court.
The City and County of Boulder, Colorado sued Suncor and ExxonMobil in Colorado state court, demanding billions of dollars in damages. For what? Boulder seeks to hold these companies financially accountable for alleged local climate impacts – such as increased wildfires, floods, and droughts – driven by climate change. Boulder seeks to hold these companies financially accountable for putative local climate impacts – such as increased wildfires, floods, and droughts due to climate change. Boulder alleges the energy companies intentionally misled the public about the environmental risks of fossil fuels. They argue fossil fuels have increased carbon dioxide in the air, harming their local communities.
It is an audacious attempt at regulation by litigation. And we should be very concerned. Florida has a stake in the outcome.
But why would a courtroom battle in Colorado matter here in the Sunshine State? The answer is simple: if Boulder wins, Florida taxpayers and consumers will foot the bill.
Exposing global energy producers to crushing, open-ended liability across thousands of local jurisdictions will operate as a nationwide “carbon tax” designed to cripple energy production. Florida families and businesses could bear some of those costs through higher gas prices, electricity bills, and prices for everyday goods.
What’s more, allowing out-of-state courts to set national energy policy and costs strips Florida of its sovereign right to govern its own commerce and environmental priorities. And it directly conflicts with national law and international policy.
The consequences could extend beyond energy. If Boulder succeeds, other states will follow suit. Democratic-controlled states will go after fossil fuel companies – and other companies – using the same legal arguments. Republican-controlled states will go after their preferred targets on similar grounds.
The country will go to economic war against itself. Costs will increase everywhere. It will be devastating.
Elected representatives must forge global tax policy through national debate and legislation. Six jurors in a Boulder courtroom should not make it for the rest of us.
