On February 27, 2023, fossil fuel companies filed a petition for writ of certiorari asking the Supreme Court to determine whether federal courts have jurisdiction over climate change cases brought by the State of Delaware and the City of Hoboken. The petition presented the question of “[w]hether 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.” The companies argued that claims related to international and interstate emissions are “inherently federal” and that the Third Circuit erred when it determined that Delaware’s and Hoboken’s state law claims could not be brought in federal court. The companies also contended that immediate review was warranted because of the cases’ economic implications for the energy sector and the global economy more broadly and because a “patchwork” of conflicting state standards risked undermining the fossil fuel companies’ “vital role in maintaining a dependable supply of oil and gas.” The companies told the Court that their petition presented the same issues as those presented in Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County, which seeks review of the Tenth Circuit’s affirmance of a remand order in cases brought by Colorado localities. The companies asked that their petition in the Delaware and Hoboken cases be held pending the disposition of Suncor, in which the Court has invited the Solicitor General to submit a brief expressing the views of the United States on the questions raised. The Solicitor General had not filed a brief as of March 1.

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

BP America Inc. v. Delaware

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Fossil Fuel Companies Filed Certiorari Petition Seeking Review of Remand Orders in Delaware and Hoboken Cases

Filed

United States of America

Delaware

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A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

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Fossil Fuel Companies Filed Certiorari Petition Seeking Review of Remand Orders in Delaware and Hoboken Cases

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance