Currents - Energy Industry Insights: Issue 27, July 2020

Spilman Thomas & Battle, PLLC

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue?

"Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of global warming do not want to litigate in state court. In case after case, when localities have filed climate change suits in state court, oil company defendants have removed the cases to federal court. They’ve cited all kinds of rationales for federal jurisdiction, ranging from preemption by the Clean Air Act to federal common law governing interstate pollution."

Why this is important: State and local governments have begun suing oil companies in state courts for damages related to the effects of climate change. Although the oil companies prefer a federal forum for such lawsuits to limit a “home field advantage,” they are not opposing motions to remand in federal courts with success....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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