Oil companies are asking the Supreme Court to review the ruling sending Baltimore’s climate liability suit back to state court.
Chevron, ExxonMobil, Shell, BP and more than a dozen other companies filed a brief Wednesday, arguing that the appellate court erred by not reviewing all of their reasons for wanting Baltimore’s climate liability suit against them to be heard in federal court.
The fossil fuel companies have tried to keep Baltimore’s case, as well as all the similar cases filed in state courts across the country, in federal court, where previous climate-related cases have been decided largely in the industry’s favor. Baltimore, along with other municipalities, wants the case to be heard in state court, where it was filed in 2018 alleging violations of state law. So far, the communities have been largely successful in steering the cases to state court, including a decision last week in Colorado.
The companies say that because they sold or extracted fossil fuels under government contract, they operated as federal officers. They cite the Federal Officer Removal Statute, which gives federal courts jurisdiction over civil actions directed at the United States or any federal official.[Read more…]