Sarah M. Harris

It acknowledges that states sometimes do allow lawsuits for injuries caused elsewhere, but a line has to be drawn between a claim for local harm and one that could change production nationwide.

Principal Deputy Solicitor General Sarah Harris.

The state that is imposing the liability rule is saying, "Hey, if you bring your cars in my state, if you bring your open winds in my state, you're liable for conduct within my state." What it's not doing is saying what Colorado is doing here.

"You're banned from making that product anywhere nationwide."

I was interested to see how the justices probed these competing arguments, and I thought that Chief Justice Roberts got at the heart of the dispute.

He asked Principal Deputy Solicitor General Sarah Harris, who argued in support of the energy companies, why the state should be barred from pursuing damages when these kinds of civil suits are permitted for a range of other companies and industries like drug manufacturers, car manufacturers, and the like.

Harris responded that Colorado's suit was different, that it was an attempt to control energy companies' behavior.

But based on my read, Roberts came away from the exchange unconvinced.

Oral arguments were had yesterday.

And, uh, impressed with both the, uh, Principal Deputy Solicitor General Sarah Harris arguing on behalf of, uh...

It's effectively on behalf of Suncor, really arguing against Boulder, this idea that, um, Boulder, Colorado, can set national energy policy and, to some extent, national security policy as it pertains to energy.

See, what this case is about is trying to do through the courts what they can't do through, uh, legislative bodies, even legitimate ones like Congress.

Here's some of today's case with Q&A between Chief Justice John Roberts and U.S.

Principal Deputy Solicitor General Sarah Harris.

There are a lot of familiar situations where conduct outside of a state has broad effects among other states and all that, and yet We allow state courts in a particular state to bring litigation that affects that, whether it's a mass tort sort of thing or maybe complaints about operations of the Internet.

I guess I'm not quite sure what makes this situation different from all those other ones where we've allowed them to proceed in state court.

The rule cannot be don't do these paint jobs anywhere across the country, let alone across the world.

Q&A between Chief Justice John Roberts and U.S.

Principal Deputy Solicitor General Sarah Harris, and this between Justice Roberts and Boulder County Attorney Kevin Russell on how many more cities and counties could launch similar lawsuits if the court allows this case to continue.

Just to make sure I have a correct understanding, presumably if you prevail, the next day a municipality in every single state will file a lawsuit that will probably copy your pleadings, and then there'll be at least 50, you know, different cities.