Legal/Law/Criminal Justice and Reform

EXCLUSIVE: Climate Activists Lay Groundwork For The Next Lawfare Campaign If Boulder’s Case Collapses

Wikimedia Commons/Public/Joe Gratz

Colorado climate activists spent the summer touring the state to build support for a plan that would make fossil fuel companies pay for climate-related costs, with organizers now working toward legislation in 2027.

350 Colorado and allied environmental groups held a series “Here & Now Tour,” events between May and August to gather public input on a proposed Climate Superfund policy. The campaign traveled through Boulder County, Denver, Fort Collins, Colorado Springs, Aspen, Grand Junction, Durango and Aurora.

“The goals of the Here and Now Tour were to educate people around the state about climate costs and impacts, hear what local communities are experiencing and what they need funding for, and share what’s happening to make fossil fuel companies pay their fair share, such as through a climate superfund.” Micah Parkin, Executive Director 350 Colorado, told The Daily Caller News Foundation.

The events brought environmental activists together with state lawmakers, local officials and residents to discuss how Colorado could require major fossil fuel producers to contribute toward wildfire, drought, flood and other climate adaptation costs. Feedback gathered during the tour and through a public survey is being sent to a policy working group developing the proposal, according to 350 Colorado.

“We can change that by making major polluters pay their fair share with policy solutions like a Climate Superfund,” 350 Colorado states on its website.

Colorado 350 did not immediately respond to the Daily Caller News Foundation’s request for comment.

The push comes as another effort to make fossil fuel companies pay for alleged climate damages reaches the Supreme Court.

The Supreme Court is scheduled to hear arguments in Suncor Energy v. County Commissioners of Boulder County on Oct. 5. The justices will consider whether federal law precludes state-law claims seeking damages for injuries allegedly caused by interstate and international greenhouse gas emissions.

Boulder County and the city of Boulder sued ExxonMobil and Suncor in 2018, alleging the companies contributed to climate change while misleading the public about the risks associated with their products. The local governments are seeking damages to help cover alleged climate-related costs, while Exxon and Suncor argue federal law prevents states from using state tort law to impose liability for the effects of interstate and international greenhouse gas emissions.

Discussions during the Here and Now Tour also revealed a potential obstacle to implementing the proposal: Colorado’s Taxpayer’s Bill of Rights, or TABOR.

Democratic Colorado state Sen. Cathy Kipp said during a June 16 Fort Collins event that her initial reaction to the proposal was that it could require voter approval under TABOR.

An organizer at the event also discussed assembling a “TABOR task force” to examine how the proposal could be structured, according to the video.

Colorado’s constitution generally requires voter approval for new taxes and tax increases, while lawmakers can impose certain fees without a statewide vote. How lawmakers ultimately structure a Climate Superfund assessment could therefore determine whether voters would have to approve it.

The tour also brought state lawmakers into discussions about the proposal. Democratic Colorado state Sen. Judy Amabile and Democratic Colorado state Rep. Junie Joseph participated in the Boulder County event, while Kipp and Democratic Colorado state Rep. Yara Zokaie participated in Fort Collins, according to 350 Colorado.

“This tour is about empowering communities to prepare for the climate change realities we are already facing while ensuring that the financial burden does not fall solely on taxpayers, and that the biggest historic polluting fossil fuel companies pay their fair share,” Micah Parkin, executive director of 350 Colorado, said in a release provided to the DCNF.

The organization says information collected from residents during the events will help shape legislation expected to be introduced in 2027. 350 Colorado has cited an estimate that preparing for and responding to climate-related damages will cost Coloradans an average of $1.5 billion annually through 2050.

The statewide campaign included the Sierra Club, Third Act Colorado, Colorado Jewish Climate Action, Moms Clean Air Force, Climate Reality Project, Sunrise Denver and other environmental organizations, according to 350 Colorado.

The Colorado legislative effort would provide a separate avenue for seeking money from fossil fuel producers by creating a statutory system rather than relying on tort litigation.

Colorado’s campaign follows New York’s adoption of a $75 billion Climate Change Superfund Act. However, federal courts have blocked enforcement of that law amid challenges from energy companies and business groups.

350 Colorado’s summer events, meanwhile, were explicitly aimed at developing the Colorado proposal. A July Grand Junction event, for example, was advertised as a listening session that would “inform a new policy” requiring major historical corporate emitters to contribute toward climate adaptation and resilience efforts.

The campaign is expected to culminate in proposed Climate Superfund legislation during Colorado’s 2027 legislative session, according to materials provided to the DCNF.