On July 11, 2022, WLF filed an amicus brief urging the Supreme Court to hear an important case about greenhouse-gas litigation. Splitting from the Second Circuit, the Tenth Circuit held that claims about climate change arising from greenhouse-gas emissions are not exclusively governed by federal common law. The court also held that plaintiffs may artfully plead around federal jurisdiction by invoking state law. WLF’s brief explains why the Tenth Circuit’s decision will have devastating consequences and why federal common law governs Boulder County’s claims. The brief also explains why the Court should not allow parties to plead around federal jurisdiction.
On October 3, 2022, the Court called for the views of the Solicitor General.