Federal law preempts Boulder's state-law damages claims against Exxon and Suncor.
Supports
“We don't have to reinvent the wheel, because we've said this multiple times and Congress, presumably when doing the Clean Air Act and doing the Clean Air Act amendments, has relied on this court's precedents establishing that this kind of pollution is a federal-law matter, unless Congress speaks otherwise,”
CBS News Eight justices hear Boulder's climate suit against Exxon after Alito steps aside ›
Others on this question
“Since the founding, states have had the power to provide tort remedies for injuries occurring within their borders, even when the conduct causing those injuries occurred elsewhere,”
“Interstate air pollution is an inherently federal area, and Congress hasn't authorized this suit in the Clean Air Act,”