Adler v. Kochan on Suncor Energy v. Boulder County

On Wednesday I recorded an episode of the “Blessings of Liberty” podcast, hosted by Jeffrey Rosen, on Suncor Energy v. Boulder County. I was joined in the discussion by my friend Donald Kochan, Professor of Law and Executive Director of the Law & Economics Center at George Mason University’s Antonin Scalia Law School.

As one might anticipate, we have different views on the proper outcome in the Suncor case. I think our exchange helped elucidate what is at issue in the case, but you can judge for yourself below.

For more on Suncor, here are (some of) my posts on the subject (with more to come):

• Climate Change Goes Back to the Supreme Court — Colorado Edition, Feb. 23, 2026.
• Previewing Suncor Energy v. Boulder County, Mar. 6, 2026.
• Amicus Brief in Suncor Energy v. County Commissioners of Boulder County, Aug. 3, 2026.
• Supreme Court Term to Start Hot, Aug. 6, 2026.
• As Suncor Approaches, Justice Alito Recuses, Sept. 28, 2026.
• Buschbacher: Did Prof. Adler File His Amicus Brief for the Wrong Side in Suncor?, Oct. 1, 2026.
• Unpacking the Suncor Oral Argument: Two Upcoming Events, Oct. 5, 2026.
• A Response to Michael Buschbacher on Suncor Energy v. Boulder County, Oct. 5, 2026.
• Justice Alito Gives a Fuller Explanation of His Suncor Recusal, Oct. 6, 2026.