This brief, filed in the Supreme Court on behalf of members of Congress as amici curiae, supports Boulder and Boulder County’s state tort law claims against Exxon and Suncor for damages from deceptive production, promotion, marketing, and sale of fossil fuels. The brief rebuts Exxon and Suncor’s arguments that a presumption against federal preemption of state law should not apply and explains why neither the Constitution nor the Clean Air Act preempt the claims at issue.
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