Welcome to Volume 5, Issue 18 of Currents. As always, we cover the gamut of hot topics in the energy industry. In this edition, we provide insights on issues at the local, state and federal levels, as well as international topics. We hope you find this week's newsletter interesting and informative. As always, thank you for reading.
Supreme Court Sides with Oil Companies in Baltimore Case -
"The justices ruled 7-1 that the 4th Circuit Court of Appeals erred in its decision that it lacked jurisdiction to consider certain grounds from the companies for bringing the case into federal court."
Why this is important: Last month, the Second Circuit Court of Appeals held that state climate nuisance claims are preempted by the federal Clean Air Act ("CAA"), which means that municipalities cannot sue oil companies under state law for alleged damages caused by global warming. The U.S. Supreme Court granted oil companies a procedural win by requiring the Fourth Circuit Court of Appeals to reexamine whether it has jurisdiction to hear the climate nuisance claims. Although the Supreme Court did not reach the substantive issues of preemption, this decision will lead to more of these claims being heard in federal courts and likely will result in the claims being preempted by the CAA.
Please see full publication below for more information.