By Karen Savage
The fossil fuel companies being sued by Delaware for climate deception say the lawsuit belongs in federal court.
In a motion filed Monday in U.S. District court, Exxon, Chevron, BP, Shell, the American Petroleum Institute and several other companies said the suit, which was filed last month in state court, involves federal issues.
“Though plaintiff purports to assert its claims under state law, the face of the complaint reveals that the substance of those claims turns on long-established federal policy, statutory, regulatory, and constitutional standards, issues, and frameworks,” attorneys for Chevron, who represented all of the companies, wrote in the motion.
The removal of Delaware’s suit is the latest in an ongoing battle over whether nearly two dozen climate change-related cases filed against the companies by municipalities across the country belong in state court, where nearly all were filed, or federal court, where the companies think they have a better chance of shaking them. Thus far, multiple federal courts have determined that the cases belong in state court and those decisions have been upheld by several appellate courts.[Read more…]