Supreme Court Denies Review of Climate Change Petitions

On April 24, 2023, the Supreme Court denied certiorari in Suncor v. Boulder, a climate change case in which the firm represented the County of Boulder, Colorado, in opposing certiorari. The County has accused certain fossil fuel producers of creating a public nuisance by contributing to global warming that has inflicted significant costs on the community. The question before the Supreme Court was whether the defendants were entitled to remove the case to federal court. The Court requested the views of the Solicitor General on the petition. Kevin Russell represented the respondents in advocating before the Solicitor General’s office, which ultimately sided the with firm’s clients and recommended denial, reversing the prior Administration’s support for the defendants’ removal theory. After the parties filed supplemental briefs responding to the Government’s recommendation, the Court denied review in Suncor and several other pending petitions raising the same question.