In this opinion article, Spencer Fane Of Counsel John Watson discusses a recently released Colorado Supreme Court opinion that allowed a climate change lawsuit to proceed in state court.
The state Supreme Court also allowed Boulder’s lawsuit against Suncor over climate change to proceed, finding Boulder’s claims are not preempted by federal law.
The nation’s high court held in a different unanimous opinion that when a plaintiff amends a complaint to delete federal-law claims, leaving only state-law claims behind, the case must be remanded to state court.