The federal district court for the District of Delaware granted the State of Delaware’s motion to remand its climate change lawsuit against fossil fuel industry defendants to state court. The court characterized Delaware’s case as alleging that the defendants’ “disinformation campaign” about global warming’s existence, causes, and effects caused the State to suffer from the impacts of global warming. The district court found that Delaware’s complaint asserted only state law claims; that the defendants failed to show complete preemption (and had, in effect, waived the complete preemption argument); and that federal common law, even if implicated in Delaware’s claims, did not provide a basis for removal. The district court also found that the defendants failed to establish a basis for Grable jurisdiction because Delaware’s claims did not “necessarily raise” the federal issues identified by the defendants related to federal energy policy, federal foreign affairs power, and First Amendment rights. With respect to federal-officer removal jurisdiction, the court found that the plaintiffs had disclaimed certain claims upon which such jurisdiction might be based, that other activities cited by the defendants as the basis for such jurisdiction predated the alleged misconduct, and that defendants’ operations under the Outer Continental Shelf (OCS) lease program did not meet the requirement that the defendants were “acting under” federal officers. The court also found that the defendants did not establish that there was jurisdiction under the Outer Continental Shelf Lands Act in the absence of a showing that their OCS operations were a but-for cause of Delaware’s alleged injuries. The court found that the companies waived their removal arguments based on federal enclave jurisdiction and the Class Action Fairness Act (in addition to the complete preemption argument). 

Lawsuit seeking to hold the fossil fuel industry liable for the physical, environmental, social, and economic consequences of climate change in Delaware.

Delaware v. BP America Inc.

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Federal Court Said Delaware’s Climate Case Against Fossil Fuel Industry Belonged in State Court

Filed

United States of America

Delaware

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Federal Court Said Delaware’s Climate Case Against Fossil Fuel Industry Belonged in State Court

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector