For decades, litigation has played a central role in shaping America’s energy and environmental landscape. From permitting disputes to today’s expanding wave of climate liability lawsuits, the use of the courts to influence energy policy—sometimes described as “lawfare”—has had far-reaching economic, legal, and policy consequences. More than three dozen state and local governments have now filed climate-related lawsuits seeking damages from energy producers, alleging responsibility for global emissions and local infrastructure impacts. Supporters of these cases view them as a legitimate effort to hold industry accountable, while opponents argue that they misuse state tort law to pursue national climate and energy policy through the courts rather than Congress. On February 23, the U.S. Supreme Court agreed to review a ruling by the Colorado Supreme Court that had allowed a lawsuit brought by Boulder, Colorado against oil and gas companies to proceed in state court.
In March 2026, we held a webinar exploring implications from the U.S. Supreme Court’s decision to grant review of the Boulder case; the current landscape of climate and energy-related lawsuits across the United States, including cases challenging state “climate superfund” laws; how “lawfare” affects federal energy and climate policy, and America’s competitiveness; and policy and legal reforms needed to provide clarity and balance in America’s energy future.
Panelists: Michael Williams, West Virginia Solicitor General Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project (MAP) Michael Gerrard, Professor and Faculty Director, Sabin Center for Climate Change Law, Columbia Law School Moderator: Jeff Kupfer, President, ConservAmerica
To view the webinar, click here or on the image below.
