News & Analysis as of

Removal Climate Change

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

Downey Brand LLP on

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...more

(ACOEL) | American College of Environmental...

Battling Over Battlegrounds: Climate Torts Return to the Supreme Court

The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring that the federal Clean Air...more

Zelle  LLP

Climate Change Litigation Goes Before the Supreme Court

Zelle LLP on

In January, the US Supreme Court will hear arguments in one of the lawsuits filed against oil and gas companies for their alleged contribution to climate change. The Court’s ruling will likely have a significant impact on how...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

Butler Snow LLP on

The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

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...more

King & Spalding

Energy Newsletter - June 2020

King & Spalding on

The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

Foley Hoag LLP - Environmental Law

State Climate Suits Really, Really, Belong in State Court When They Allege Misleading Statements To Investors

On March 28, 2020, there was yet another opinion addressing whether state and local climate suits belong in state or federal court. This time, Judge William Young issued an opinion explaining his March bench decision to...more

Foley Hoag LLP - Environmental Law

Baltimore’s Climate Case Will Be Heard in State Court

Last week, the 4th Circuit Court of Appeals affirmed the District Court decision remanding Baltimore’s climate change litigation to state court. I wouldn’t read too much into the decision, which is founded on the niceties of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018 #2

Trump Advisers Fervently Defend Tariffs (Unless They Change, That Is) - "The White House continued to sow uncertainty about the stiff tariffs President Trump said he would impose on steel and aluminum imports as key...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

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