The Ninth Circuit Court of Appeals has rejected a request by Chevron, Exxon, Shell, Citgo, ConocoPhillips and more than 30 other fossil fuel companies to rethink its ruling earlier this year that a set of California climate liability suits belong in state court.
A three-judge panel of the appellate court in May returned to state court a slate of climate liability suits filed by the cities of Imperial Beach, Richmond, and Santa Cruz, as well as the counties of Marin, San Mateo, and Santa Cruz. That’s where the municipalities initially filed the cases in 2017, alleging violations of state public nuisance laws and seeking compensation for climate change-related damages.
“The panel has unanimously voted to deny appellants’ petition for rehearing en banc,” the court wrote in the order, issued on Monday. “No judge has requested a vote on whether to rehear the matter en banc.”
A request for an en banc hearing would need approval by a majority of the Ninth Circuit’s 29 judges to proceed and the appeal would then be re-heard by a panel of 11 judges.
Exxon, Chevron, Shell, BP, and ConocoPhillips have also asked the Ninth Circuit to reconsider its reversal of a lower court’s dismissal of climate liability lawsuits filed against them by Oakland and San Francisco. A decision on that request is still pending.