Please send a message to your U.S. Congressional representative to ask them to join Senator Sheldon Whitehouse and Representative Pramila Jayapal in filing an amicus brief in the matter of Suncor v Boulder before the U.S. Supreme Court. Find your Congressional representative here. The amicus brief supports Boulder’s case against ExxonMobil and Suncor Energy and pushes back on fossil fuel producers’ attempts to preempt state law and escape accountability for deceiving the public about their role in the climate crisis. 

The brief will argue that:

  1. The Clean Air Act contains express savings clauses that preserve state litigation authorities. Suncor’s argument is incompatible with the traditional understanding that Congress must expressly preempt state action.  
  2. The Clean Air Act does not preempt state tort suits to address the harms caused by past and ongoing fossil fuel emissions.
  3. A broad application of preemption would invert traditional principles of federalism and undermine Congress’s power to choose when and how it preempts state law.

A short note is fine. Do it today!