Sher Edling filed a U.S. Supreme Court amicus brief in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, No. 25-170, on behalf of 10 cities and counties representing more than 6 million residents in California, Hawaii, Illinois, and New Jersey—all of which have filed their own climate deception cases against fossil fuel companies.
The brief argues that state law claims premised on defendants’ deceptive marketing and failure to warn are categorically different from—and cannot be swept away by—preemption arguments targeting emissions-based claims. As amici explain, their cases do not ask courts to regulate greenhouse gas emissions or set climate policy. They ask courts to do what state courts have always done: hold corporations accountable for deceiving consumers about the known dangers of their products.
“Deception-based claims implicate none of the federal concerns petitioners assert, and in fact seek to vindicate traditional state prerogatives.”
The amici include the City and County of San Francisco, the City and County of Honolulu, the City of Chicago, the City Attorney for the City of Oakland, the County of Marin, the County of Maui, the County of San Mateo, the County of Santa Cruz, the City of Hoboken, and the City of Richmond.
Victor M. Sher, Matthew K. Edling, Michael Burger, and Martin Quiñones of Sher Edling LLP served as counsel for amici curiae. The case has been set for argument on Monday, October 5, 2026.
The brief is available here.
