Supreme Court to Hear Climate Liability Case Backed by Progressive Dark-Money Network

On Oct. 5 the Supreme Court will hear arguments in Suncor Energy v. Boulder County, the biggest climate liability case to reach the nation’s highest court. Over two dozen groups, academics and former EPA officials submitted amicus briefs backing Boulder, with many connections to trial firms like Hausfeld LLP and DiCello Levitt. Several scholars named in the briefs are affiliated with the Center for Progressive Reform, which receives funding from the Open Society Foundation and the Tides Foundation, both major supporters of Sher Edling.

Additional filings cite support from the Clean Break Fund, which also backs EarthJustice and NYU Law’s State Energy & Environmental Impact Center, placing fellows in numerous state attorney-general offices that have joined the litigation. The commentary highlights a brief that claims to represent “Colorado ranchers” yet is authored by activists linked to the same funders. A coalition of ninety Democratic lawmakers, led by Senator Sheldon Whitehouse, also filed a brief, with counsel from the Ridgeline Center for Law and Policy, a New Venture Fund project. The author contends this network demonstrates a dark-money driven campaign to alter U.S. energy policy through state-court rulings.