For the first time, more than 100 members of Congress have formally called on the Supreme Court to intervene in the wave of climate lawfare across the country. In an amicus brief led by House Majority Leader Steve Scalise (R., LA) and joined by 102 other lawmakers, the members warn that Boulder, Colorado’s lawsuit against energy companies “upends the constitutional balance between federal and state authority” and threatens to let “every locality in the country sue essentially anyone in the world” over climate change.  

The filing marks a historic moment in the years-long legal and political fight over these climate cases. While the DOJ and a coalition of 26 states have already urged the Court to hear the case, this is the first time such a broad group of sitting members of Congress have weighed in, demonstrating the threat of higher energy prices posed by these cases has captured the attention of Congress. It also comes as Boulder’s case has barely budged after years of legal wrangling, despite being hailed as a critical case for the movement when it was filed in 2018.  

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