Buschbacher: Did Prof. Adler File His Amicus Brief for the Wrong Side in Suncor?
By Jonathan H. Adler · Oct 1, 2026, 4:01 PM CDT
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 Part
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Layer 1 · Claims & fact checks
AI analysisLayer 3 · Reporting analysis
AI analysisFramingThe title and opening sentence frame Adler’s brief as a mistake, positioning the author’s argument as a correction.
Appeal to AuthorityThe author cites his own amicus brief and a colleague to bolster credibility.
Selective QuotationQuotes from Adler’s brief are used to highlight points the author disagrees with, without providing the brief’s broader context.
ExaggerationThe claim amplifies the case’s significance without supporting evidence.
Ad Hominem ImplicationThe author suggests critics are reacting to his prior stance rather than the brief’s merits.
Context
AI analysisMissing context
The article does not provide details about the specific legal arguments made by Boulder County or the petitioners, the content of Adler’s brief beyond selective quotations, the positions of other amicus participants, or the broader procedural posture of the case (e.g., lower‑court rulings). It also omits discussion of the Supreme Court’s prior climate‑law jurisprudence beyond a brief mention of American Electric Power Co. v. Connecticut.
Important context
The case centers on whether state or municipal laws can regulate greenhouse‑gas emissions that occur outside the state’s borders, implicating preemption doctrine and the Clean Air Act’s displacement of federal common law. The Supreme Court’s decision could affect nationwide climate‑litigation strategy.
Opinion vs. reporting
AI analysisThe piece is primarily opinionated commentary. It presents Buschbacher’s legal analysis and critiques without neutral reporting of opposing viewpoints or balanced presentation of facts.