Maryland Attorney General Joins Multistate Effort to Uphold State Court Authority in Climate Litigation

Maryland Attorney General Anthony G. Brown is part of a coalition of state attorneys general advocating for the preservation of state courts’ authority in resolving state common law claims, particularly in cases involving climate change. The group has filed an amicus brief with the U.S. Supreme Court in a case concerning a lawsuit originally filed in Colorado state court. The core argument is that the Supreme Court should allow the case to proceed through the established judicial process in Colorado’s state courts, rather than intervening prematurely and potentially setting a broad federal precedent that could limit states’ ability to adjudicate such claims.

The case in question, Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, originated when Boulder County and the City of Boulder filed suit in Colorado state court against several fossil fuel companies. The plaintiffs are seeking damages for alleged harm stemming from climate change. The energy companies subsequently sought review of the case by the U.S. Supreme Court, even before the Colorado state courts had reached a final decision. The coalition of attorneys general contends that the Supreme Court currently lacks proper jurisdiction over the matter and that the lawsuit should continue its natural course within the Colorado judicial system, thereby safeguarding the established roles and powers of state courts.

A key point emphasized by the attorneys general in their brief is that the involvement of issues that transcend state borders does not automatically strip states of their right to apply their own laws. They argue that the U.S. Constitution does not inherently prevent state courts from hearing and deciding these types of claims. The coalition further highlights that state courts already possess well-defined procedures for examining the merits of legal claims. They believe that these decisions should be made through the standard judicial process, with appropriate safeguards for all parties involved, rather than through the implementation of a sweeping new federal rule that could obstruct state law claims from proceeding in state courts.

The amicus brief filed by Attorney General Brown was also supported by the attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. This broad coalition underscores the widespread concern among state legal officials regarding the potential implications of the Supreme Court’s intervention in this climate-related litigation. The attorneys general are keen to ensure that state courts remain the primary venue for resolving disputes grounded in state law, even when those disputes involve complex, multi-jurisdictional issues.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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