WASHINGTON, D.C. (May 21, 2026) – NFIB filed an amicus brief in the case Suncor Energy, Inc., et al v. County Commissioners of Boulder County, et al. at the United States Supreme Court. The case concerns whether federal law prevents state-law claims seeking relief for injuries allegedly caused by the effects of greenhouse gas emissions. NFIB filed the brief with the Washington Legal Foundation.

“In recent years, states, localities, and individuals have used state-law claims to punish members of the fossil fuel industry for injuries allegedly caused by the effects of greenhouse gas emissions,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Allowing these lawsuits to continue, as the Colorado Supreme Court did in this case, will set a precedent for every state and local government, or individual, to seek legal relief for greenhouse gas emissions. NFIB is hopeful that the Supreme Court puts an end to these lawsuits once and for all.”

NFIB’s brief argues two main points: 1) The U.S. Supreme Court has the authority to hear the case, and 2) Allowing these state-law claims for greenhouse gas emissions would have enormous consequences for the courts, the fuel industry, small businesses, and the entire U.S. economy.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.