EXCLUSIVE: AG Barr, Sen. Tom Cotton slam Democrat climate lawsuits that could ‘cripple’ U.S. energy companies
Former Attorney General Bill Barr is warning that a wave of climate lawsuits pushed by Democratic-led states and cities could “cripple” American energy companies, as the Supreme Court prepares to hear a major case that could determine whether the lawsuits can move forward.
Sen. Tom Cotton (R., Ark.) is also sounding the alarm, telling the Washington Reporter that Democrats are using the courts to target American energy producers.
“Democrats are now trying to achieve through the courts what they legislated during the Biden years. If Democrats increase costs on energy companies in the name of climate hysteria, Americans will pay the price—at the worst possible time,” said Sen. Cotton in an exclusive statement.
The fight centers on Suncor Energy v. Boulder County, which the Supreme Court is scheduled to hear on Oct. 5. Boulder and Boulder County sued energy companies under Colorado law, seeking damages over the alleged effects of global climate change. The companies argue that states cannot use their own laws to impose liability for interstate and international greenhouse-gas emissions. The Supreme Court agreed in February to hear the case.
Barr warned Wednesday that the consequences could extend far beyond Colorado.
“One victory would cripple these companies economically,” Barr said, arguing that individual states should not be able to impose liability for a global phenomenon through state nuisance or consumer welfare laws.
Barr said dozens of similar lawsuits have been filed around the country and warned that the litigation itself can impose major costs on energy producers even before courts award damages.
“The process is the punishment,” Barr said. “It’s immensely expensive. How can you allocate your capital on the side of sensible energy investments when you have this kind of litigation hanging over you?”
The Boulder lawsuit is part of a broader campaign by Democratic-led states, cities and counties seeking to hold oil and gas companies financially responsible for climate-related damages. Supporters of the litigation argue that energy companies should help pay costs associated with wildfires, flooding, extreme heat and other alleged climate impacts.
The Trump administration has taken the opposite position, standing up for American energy dominance.
President Donald Trump signed an executive order last year directing the Justice Department to challenge state climate policies that the administration determines are unconstitutional, preempted by federal law or otherwise unenforceable. The order specifically targeted state efforts to impose climate-related penalties on energy producers.
The Justice Department is now backing the energy companies before the Supreme Court, arguing that Boulder is attempting to use Colorado law to regulate conduct and emissions around the world. The Supreme Court has granted the administration permission to participate in oral arguments next month.
The administration has also gone on offense against other Democratic-led states.
The Justice Department has sued to block climate actions in states including New York, Vermont, Hawaii, Michigan and Minnesota. And last month, a federal judge blocked New York’s Climate Change Superfund Act, which sought to impose billions of dollars in liability on fossil-fuel companies for their alleged contributions to greenhouse-gas emissions.
The Supreme Court’s decision in the Boulder case could determine whether many of the state and local climate suits survive.
For Barr, the stakes go beyond the companies being sued. He argued that fossil fuels remain central to the American economy and warned against allowing individual jurisdictions to effectively set national energy policy through litigation.
“[Fossil fuel energy] is still the foundation for prosperity in the world,” Barr said. “They can’t destroy that.”
