Ruling may give oil companies upper hand in climate change cases

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On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed across the country. BP P.L.C. is one of many cases filed against fossil fuel companies alleging various state law claims for the companies’ negative impacts on climate change. The Supreme Court’s recent decision gives these companies a procedural advantage that makes litigating these cases in federal court more likely — a forum that may be more favorable for defending against the plaintiffs’ public nuisance claims.

Originally published in the Daily Journal - May 25, 2021.

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