SCOTUS Suncor case on extraterritorial state power could reshape challenges to state AI laws

neil_chilson · x · 2026-10-05

The Supreme Court heard Suncor Energy v. Boulder County, partly about whether states can regulate conduct occurring entirely outside their borders. Though framed around climate change, many state AI bills contain broad extraterritorial provisions. The author, with Kevin Frazier, previously analyzed these issues under existing preemption jurisprudence and argues the case could open new avenues to challenge extraterritorial state laws.

Related event: SCOTUS Hears Suncor Case That Could Undermine State AI Laws(2 posts)→

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