Kannon Shanmugam

In their view, local courts cannot set worldwide emissions rules.

Kannon Shanmugam is the attorney for the companies.

This case involves an unprecedented effort to use state law to regulate global conduct.

Boulder is suing petitioners under Colorado law on the theory that their global conduct increased the global use of fossil fuels, which led to an increase in global greenhouse gas emissions, which contributed to global climate change, which resulted in global harms.

County Commissioners of Boulder County, a case that could give fossil fuel companies a get out of jail free card for the harms caused by climate change.

That is not exactly how Kannon Shanmugam, who represents Suncor and ExxonMobil, another petitioner in the case, framed the argument.

He said that dozens of active lawsuits that use state tort law to sue fossil fuel companies for damages because of their role in causing climate change are superseded by federal law, federal preemption.

Quote, "This case and others like it reflect an all-too-regrettable trend of trying to resolve political issues in court rather than leaving them to the political branches where they belong," Mr. Shanmugam argued.

So two things.

One, if I'm Kannon, you know, our good friend Kannon Shanmugam arguing the case, there were two things that were kind of like, oh crap moments for me.

Oh crap moment number one, before the oral argument, Alito recuses.

So all of a sudden, all Boulder has to do is count to four.

Okay, that, that's cowardice right there.

So let's just be a little, a more all-encompassing in our definition.

But I'm glad we're going back to this because I still, you know, in reflecting on our con- conversation with, with Sharif, I'm still in the same place of being-- I'm, I'm very grateful that Justice Alito articulated his philosophy at such length and volume, and I'm more, uh, I'm more alarmed by the, quote-unquote, "insecure originalism" point that he made than even when we were talking to our good friend Sharif, 'cause that whole frame is rinsing through this...

E- even the very name, insecure, imputes a motive.

It also alleged they should help cover costs tied to wildfires, floods, and drought.

Attorney Kannon Shanmugam addressed the justices.

He said that if Boulder's claims proceed, some 90,000 municipalities could set national and international energy policy.

He said they could do it by asking juries to impose damages on fossil fuel producers.

And just to hear the response effectively, I mean, that's one point that was raised there at the end.

But also, uh, I think by Kavanaugh, um, the, um, Suncor Energy Council, Cannon, um, Shanmugam was very good.

First, the breadth of Boulder's theory here is astonishing.

First, there is no limit under Boulder's theory on who could be sued.

Mm.

But there are, as Kannon Shanmugam, who represented the energy companies today at the Supreme Court said, there are more than two dozen cases around the country right now relying on similar theories to what Boulder has brought in this case, the idea that the energy companies were deceptive in their marketing and in their sales of fossil fuels.

And to the extent that the Supreme Court says that Boulder's claims can't go forward, it would mean that those can't as well, and that was part of the argument that Shanmugam made at the Supreme Court today, was that we're not really just talking about this case, we're talking about lots of others, and potentially billions of dollars of damages around the country.

Uh, today's arguments were the first of the term, but there's going to be many others.

I don't know.

If, if that person, if Kannon Shanmugam or Elizabeth Prelogar had sold their best friends to their likely deaths, then yes, [laughs] exactly right.

That's the wrinkle in the confirmation problem.

I'm just-- So, so, I mean, you have somebody who just executes people who are-- upset him, right? So, I mean, is it okay? And, and look, I, I know Kannon and Lisa and all of those guys, they would never sell out their best friends.