# Nebraska AG Joins Multi-State Brief in Major Energy Policy Case  
**Published:** 2026-05-21T20:09:31.000Z  
**Source:** [Nebraska Attorney General](https://ago.nebraska.gov/ag-hilgers-joins-amicus-brief-prevent-small-localities-setting-national-energy-policy)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/nebraska-ag-joins-multi-state-brief-in-major-energy-policy-case

Nebraska Attorney General Mike Hilgers has joined an amicus brief filed by multiple states in a [landmark U.S. Supreme Court case](https://www.supremecourt.gov/cases/suncor-energy-inc-v-county-commissioners-of-boulder-county/) that challenges whether local governments can use state courts to set national energy policy.

[The brief](https://ago.nebraska.gov/ag-hilgers-joins-amicus-brief-prevent-small-localities-setting-national-energy-policy), filed May 21, argues that small municipalities should not be able to determine energy policy affecting the entire nation through litigation. The case, [Suncor Energy v. County Commissioners of Boulder County](https://www.supremecourt.gov/DocketPDF/25/25-170/374416/20250911135659317_Suncor%20cert-stage.pdf), originated when [Boulder County, Colorado filed suit against energy companies](https://bouldercounty.gov/news/u-s-supreme-court-decides-to-hear-climate-case-against-exxonmobil-and-suncor-entities/) seeking damages for alleged climate change harms in 2018.

Boulder County and the City of Boulder sued Exxon Mobil and Suncor Energy companies, alleging that the defendants' fossil fuel activities contributed to climate change and seeking damages for public nuisance, private nuisance, trespass, unjust enrichment, and civil conspiracy claims.

In February 2026, the U.S. Supreme Court agreed to consider whether federal law precludes state-law claims seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse-gas emissions on the global climate. The states' amicus brief contends that allowing 50 different state courts to impose varying standards for global emissions would undermine constitutional structure, interfere with federal authority, and invite judicial policymaking on questions committed to Congress and the political branches.

The brief argues that if the case proceeds, energy companies would be regulated by hundreds or even thousands of separate environmental agencies, and Boulder County residents would be able to affect national policymaking while nobody outside the county would have any role in electing the officials pushing to drive national energy policy through tort suits at the local courthouse.

The case is expected to be argued in the fall with a decision likely by mid-2027.

## Sources

- [Nebraska Attorney General](https://ago.nebraska.gov/ag-hilgers-joins-amicus-brief-prevent-small-localities-setting-national-energy-policy)
- [Multi-state amicus brief filed in Suncor v. Boulder County](https://www.alabamaag.gov/wp-content/uploads/2025/09/2025.09.26-States-Br-Suncor-v.-Boulder.pdf)
- [Boulder County official information on the Supreme Court case](https://bouldercounty.gov/news/u-s-supreme-court-decides-to-hear-climate-case-against-exxonmobil-and-suncor-entities/)
- [Supreme Court case docket page](https://www.supremecourt.gov/cases/suncor-energy-inc-v-county-commissioners-of-boulder-county/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Attorney General, enriched with 3 web searches. The original source is available at https://ago.nebraska.gov/ag-hilgers-joins-amicus-brief-prevent-small-localities-setting-national-energy-policy.