Connect with us

Hi, what are you looking for?

Florida Environment News

Regulation by Litigation: Why Boulder’s Climate Lawsuit Threatens the Nation – and Florida

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. 

Related Articles

Trending News

More states are taking legal action against major insulin manufacturers and pharmacy benefit managers (PBMs), raising questions about whether the rebate arrangements behind prescription...

Florida Crime News

KISSIMMEE, Fla. — Kissimmee Mayor Jackie Espinosa was arrested Wednesday on felony grand theft and fraud charges following an investigation into $50,000 in taxpayer-funded...

Top Story

If there is an accident related to Halloween, you can be sure trial lawyers are ready to pursue lawsuits against HOA’s, families, anybody handing...

Florida Legal News

TALLAHASSEE, Fla. — Florida Attorney General James Uthmeier has launched an investigation into whether homeowners insurance companies engaged in illegal agreements to prevent policyholders...

Advertisement
Florida Daily
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

HOW WE COLLECT E-MAIL INFORMATION:

If you sign up to subscribe to Florida Daily’s e-mail newsletter, you will provide us your e-mail address and name, voluntarily, and we will never obtain any of your contact information that you don’t voluntarily provide.

HOW WE USE AN E-MAIL ADDRESS IF YOU VOLUNTARILY PROVIDE IT TO US:

If you voluntarily provide us with your name and email address, we will use it to send you one email update per weekday. Your email address will not be given to any third parties.

YOUR CONTROLS:

You will have the option to unsubscribe to our E-mail update at anytime by clicking an unsubscribe link that will be provided in each E-Mail we send.