Shell Oil Products Co. v. Rhode Island

On April 24, 2023, the U.S. Supreme Court denied fossil fuel industry defendants’ petitions for writ of certiorari seeking review of decisions affirming remand orders that sent climate change cases brought by state and local governments back to state courts. The fossil fuel companies had asked the Court to consider whether there was federal jurisdiction over state-law claims seeking redress for injuries allegedly caused by the effects of interstate or transboundary greenhouse gas emissions on the global climate because federal common law necessarily governs such claims. Justice Alito did not participate in the consideration of or decision on the petitions.

Briefing was completed for the petition for writ of certiorari in Rhode Island’s case on February 22, 2023. The case originally was distributed for the justices’ conference on March 17, but it was rescheduled on February 27. A new date was not set.

Two amicus briefs were filed in support of fossil fuel companies’ petition for writ of certiorari seeking review of the remand order in Rhode Island’s climate case. Energy Policy Advocates contended that records it had obtained under the Rhode Island Access to Public Records Act showed that the lawsuit was an improper attempt to make climate change policy through the courts.

A National Association of Manufacturers amicus brief argued that climate change litigation must be heard in federal courts.

Fossil fuel companies filed a petition for writ of certiorari seeking the Supreme Court’s review of the First Circuit's decision affirming the remand of Rhode Island's case to state court. The fossil fuel companies presented the following question: “Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims seeking redress for injuries allegedly caused by the effect of transboundary greenhouse-gas emissions on the global climate, on the ground that federal law necessarily and exclusively governs such claims.”