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Senator Whitehouse backs Democratic amicus brief in Supreme Court climate case amid firm donation ties

Senator Sheldon Whitehouse led a Democratic brief supporting Boulder’s climate lawsuit before the Supreme Court, while records show he has received contributions from partners at the Sher Edling law firm that is driving the litigation effort.

Senator Sheldon Whitehouse, a Democrat from Rhode Island, headed a brief signed by 89 members of Congress supporting Boulder, Colorado’s lawsuit that accuses oil companies of concealing climate impacts. The filing highlights funding from fossil-fuel-linked donors for briefs defending the oil industry, naming entities like the Koch Brothers, Chevron and ExxonMobil, but omits any reference to donations Whitehouse received from Victor Sher and Matt Edling, partners at the Sher Edling law firm that coordinates the climate-litigation campaign.

The Supreme Court is set to hear oral arguments on Oct. 4, deciding whether local governments can sue oil firms for weather-related damages or if such claims belong to federal jurisdiction. Rep. Jim Jordan, chair of the House Judiciary Committee, has asked Sher for details about the firm’s role in the Environmental Law Institute’s Climate Judiciary Project, which creates training resources for judges handling climate cases and has been accused of bias toward plaintiffs.

Michael Burger, an Of Counsel at Sher Edling and director of the Sabin Center for Climate Change Law, is also listed as a co-author of a brief supporting Boulder’s case. Critics argue that the lawsuits function as an indirect carbon tax, shifting liability onto consumers through higher energy prices.

Why it matters

The case could determine whether climate damage claims are handled by state courts or reserved for federal law, shaping future climate policy and litigation.

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climate litigationSupreme Courtfossil-fuel fundingBoulder lawsuitamicus briefsSher Edling donationsclimate policystate courtsfederal jurisdiction