hasn't CA tried this same BS?

What the left’s Colorado climate lawsuit is really all about

Across the country, left-wing activists are attempting to convert America’s state courts into left-wing policy engines, using local lawsuits to impose their agenda on the rest of the nation. Later this year, the U.S. Supreme Court will have the opportunity to stop this coordinated lawfare campaign in Suncor Energy v. Boulder County.

On paper, Boulder’s case appears like just another climate change lawsuit against the energy industry. In reality, it is about turning a legal claim known as “public nuisance” into a national policy weapon, giving one county courthouse leverage over how Americans live their lives.

This coordinated campaign threatens the lives of everyday consumers, which is why, as a former solicitor general of Arizona, I recently filed an amicus brief in the case.

Traditionally, public nuisance was legal housekeeping for concrete local problems everyone could see and smell — blocked roads, a tent city and drug den that threatened safety, factories dumping waste into a river. Valid public nuisance claims addressed specific conditions in a specific place, with a clear link between what the defendant did and what neighbors suffered.

Boulder and its allies want to turn that history on its head by treating global climate change itself as the public nuisance and roping in any company that contributes to climate change, starting with the companies that produce fossil fuels. The claimed harm is everywhere and nowhere, and the alleged conduct stretches across states, countries and decades of lawful, heavily regulated production.

That is not a local nuisance, but instead an attempt to rewrite American energy and industrial policy from a single county courthouse, bypassing the voters and lawmakers who are supposed to make those decisions.

Over the last decade, a network of foundations, advocacy groups and specialist plaintiffs’ firms has poured money into building a public nuisance machine designed to do in court what activists could not do in Congress or state legislatures. When early climate theories flopped in federal court, the same actors pivoted into state courts, filing case after case under state law labels, often with donor dollars paying outside lawyers for cities and counties.

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