Boulder Plaintiff Admits There’s No Limiting Principle in His Crusade Against Companies Emitting Emissions

EXCERPT:

THOMAS: “If you prevail, is there a limiting principle as to whom you can sue?”
RUSSELL: “There are a number. So there is the constitutional limitations on choice of law, which require a sufficient nexus between the state whose law is to be applied and the conduct at issue. There's the dormant commerce clause. There's personal jurisdictional limitations. The question here is not whether anything in the Constitution prohibits this lawsuit, but whether the specific theories that they raised and the Colorado Supreme Court passed upon below are valid.”
THOMAS: “So you could just as easily sue large retailers of these products?”
RUSSELL: “I think nothing in the Constitution would prevent that. I think --" [crosstalk]
THOMAS: “But nothing in your theory prevents that either, right?”
RUSSELL: “Nothing in our theory prevents that.”