The Supreme Court’s opportunity to restore horizontal federalism

Published October 5, 2026 2:00pm ET



The Supreme Court will hear arguments in one of the most consequential cases of the term that some legal commentators have put on par with cases such as Citizens United v. FEC or Dobbs v. Jackson Women’s Health Organization.

In Suncor Energy v. County Commissioners of Boulder, the Justices will decide whether Boulder County, Colorado, can utilize state nuisance law to hold fossil fuel companies liable for all harms allegedly caused by global climate change, effectively setting energy policy for the entire country. This question has far-reaching effects on our economy and our federalist system of government.

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