State v. BP America Inc.

The Delaware Supreme Court denied the State of Delaware’s application for interlocutory review of a trial court decision that narrowed the scope of claims the State could bring against fossil fuel industry defendants to hold them liable for damages resulting from climate change. The Supreme Court agreed with the trial court that interlocutory review was not warranted. The Supreme Court concluded that no “[e]xceptional circumstances” existed; that the potential benefits of interlocutory review did not outweigh the “inefficiency, disruption, and probable costs” of interlocutory appeal; and that interlocutory review “would further complicate and delay an already complex litigation.” Because the defendants' request for interlocutory review was conditioned on acceptance of the State's request, the court also denied their interlocutory cross-appeal.