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Civitas Outlook
Topic
Politics
Published on
Apr 7, 2026
Contributors
John Yoo
Michael Toth

Activist local governments should not be regulators of energy markets

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
Michael Toth
Michael Toth
Research Director
Michael Toth
Summary

In a world of war, America’s first duty is keeping its lights on.

Summary

In a world of war, America’s first duty is keeping its lights on.

Listen to this article

As the world economy grapples with the fallout of the war in Iran, lawfare by American climate activists threatens significant damage to the nation’s domestic energy industry — and with it national security.

In the name of climate leadership, states are passing laws and filing lawsuits aimed at inflicting massive penalties on energy companies. But in two pending cases, the Supreme Court can establish federal supremacy over energy and climate change policy and beat back local interference in national security.

The Founding Fathers designed the Constitution to prevent states from undermining a unified, national foreign and national security policy. Control over war, treaty, commerce and diplomacy belong to the national government alone. The Supreme Court has repeatedly affirmed that principle and struck down state laws that interfere with the nation’s dealings abroad.

In Suncor v. Boulder County, which the Supreme Court agreed to hear in February, Colorado officials have invoked a sweeping legal theory that would essentially make states the arbiters of international climate policy. The theory states that energy companies are responsible for billions of dollars in damages because they supposedly concealed the link between fossil fuel use and greenhouse gas emissions all over the world.

The supreme courts of Colorado and Hawaii allowed these lawsuits to move forward, while the Maryland Supreme Court did not. Now, the U.S. Supreme Court is poised to rule on whether the state laws allowing these lawsuits violate federal supremacy on interstate commerce and foreign affairs.

Read the full article on The Washington Post.

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