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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.

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November 2020 Updates to the Climate Case Charts

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State court proceedings in Rhode Island’s case were put on hold in August pending the U.S. Supreme Court’s and Rhode Island Supreme Court’s consideration of personal jurisdiction issues in unrelated cases. Rhode Island v. Shell Oil Products Co. , No 19-1818 (1st Cir. The plaintiffs plan to appeal.

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January 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

In December 2020, three additional petitions for writ of certiorari were filed by fossil fuel companies seeking review of decisions affirming remand orders in cases brought by the County of San Mateo and other California local governments, by Rhode Island, and by the City of Boulder and Boulder and San Miguel Counties in Colorado.

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September 2021 Updates to the Climate Case Charts

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Supplemental Appellate Briefing Continued on Removal Issues in Baltimore and Rhode Island Cases; Fossil Fuel Companies Moved to Dismiss King County’s Case in Washington Federal Court. In Rhode Island’s case, briefing also continued in the companies’ appeal of the remand order. Rhode Island v.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. In Rhode Island’s case, the First Circuit ordered the parties to file additional briefs addressing the impact of the Supreme Court’s decision.

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