Colorado, California et al., Amici Curiae
Colorado and California are joined in this brief by 17 other states. The following is excerpted from the Amici Curiae Brief for Respondents as submitted to the U.S. Supreme Court on Aug. 3, 2026. Concerns regarding the merits of Boulder’s suit are not a valid basis for preempting state common law tort claims. State common law provides not only remedies for injured parties, but also protections for alleged tortfeasors, such as proximate cause, allocation of fault, foreseeability and others. State courts should be trusted to faithfully apply the law, and any suggestion that merits concerns justify preempting state common law…
