Colorado Climate Lawsuit and Elections
In a significant climate lawsuit against fossil-fuel companies, Colorado voters will soon decide on supporting two candidates who have been advocates of such legal action.
Democratic gubernatorial nominee Phil Weiser, while serving as attorney general, backed the case of Suncor Energy Inc. v. County Commissioners of Boulder County. His successor, Jena Griswold, the Democratic nominee for attorney general, has expressed her commitment to pursue additional climate-related litigation against companies deemed “responsible” for “climate change,” as stated on her campaign website.
On August 3, Weiser co-led a group of Democratic attorneys general in submitting an amicus curiae brief to the Supreme Court, urging them to allow Colorado courts to take on this case. “It would be an overreach for the Supreme Court to block Colorado courts from assessing this litigation,” he commented.
Meanwhile, Griswold mentioned to Politico’s E&E News that she not only supports Boulder’s lawsuit but also aims to ensure the attorney general’s office has sufficient resources for climate-related legal actions, independent of the governor’s administration.
Amy Cooke, president of Always On Energy Research, criticized candidates who support Boulder’s lawsuit, arguing that one cannot advocate for affordability while supporting actions that could increase costs. “It’s like saying you want lower food prices while proposing new taxes on grocery stores,” she noted.
Weiser and Griswold did not respond promptly to requests for comments.
In 2018, Boulder County and the City of Boulder initiated a lawsuit against Suncor Energy and ExxonMobil, claiming the companies hid the dangers of fossil fuels and contributed to climate-related issues in Colorado. The governments are seeking damages through the state tort system to address costs associated with wildfires, droughts, and other climate impacts.
The companies counter that the lawsuit attempts to use state law to regulate global energy production and greenhouse gas emissions, which they argue is a matter for federal jurisdiction. Suncor and ExxonMobil contend that the claims concerning interstate and international emissions should not be governed by state tort law.
The case has garnered around 20 amicus curiae briefs, raising questions about more than just federal jurisdiction. Advocates of free speech claim that linking liability to the companies’ public statements and political advocacy could infringe on the First Amendment. Conversely, environmental organizations and Democratic governments support Boulder’s case, believing a win could propel similar lawsuits against fossil-fuel companies nationwide, while a ruling for the companies could hinder those efforts.
Griswold has committed to using the attorney general’s office to protect Colorado’s natural resources and hold corporate polluters accountable, according to her campaign platform. She has also garnered support from various climate advocacy groups, receiving significant contributions during the election cycle from notable entities.
Weiser’s campaign heavily emphasizes climate and energy policy, pledging to achieve the state’s emission-reduction goals while promoting renewable energy solutions. Colorado aims to reduce greenhouse gas emissions by 50% from 2005 levels by 2030 and reach net zero emissions by 2050, based on state plans.
His campaign also vows to enhance electric vehicle purchasing incentives and infrastructure. Weiser continues to argue for a transition to cleaner energy while aiming to keep costs manageable and reliable.
“As Governor, I will further our leadership in tackling climate challenges and protecting Colorado’s environment, especially amid the federal government’s climate denial,” his campaign website states.
Amid concerns over rising electricity prices — the average residential electricity rate in Colorado has increased — there’s an urgent discussion about energy affordability. The average price climbed from 14.92 cents to 15.85 cents per kilowatt-hour, raising questions about the broader implications of climate lawsuits like Boulder’s.
Cooke emphasized the national significance of the case, arguing that candidates who support Boulder’s lawsuit should be questioned about their genuine commitment to affordability. “If they support the lawsuit, it’s clear their focus on affordability is just talk,” she stated.
Both Weiser and Griswold enter the upcoming election as frontrunners in Colorado, aiming to shape the state’s climate policy significantly, depending on the election outcomes.
