On Monday the Supreme Court will hear oral argument in Suncor Energy v. Boulder County. My amicus brief in Suncor has received a decent amount of attention--but not all of it favorable. Perhaps because I have been critical of much climate regulation and litigation, some were surprised that I believe Boulder County has the better of the preemption arguments here.
Michael Buschbacher, Managing Partner of Boyden Gray PLLC, is among those who think I have erred. Indeed, he thinks that my work actually supports the other side.
Following is a guest-post from Buschbacher making his case. I am unconvinced, and will reply in a follow-up post. For now, here is what Buschbacher has to say.
