On October 2, 2020, the U.S. Supreme Court granted fossil fuel companies’ petition for writ of certiorari seeking review of the Fourth Circuit’s order remanding to state court Baltimore’s climate change case against the companies. Justice Alito did not participate in the consideration or decision of the petition. The question the Supreme Court agreed to consider is whether the statutory provision prescribing the scope of appellate review of remand orders “permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.” The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute.

City of Baltimore lawsuit seeking to hold fossil fuel companies liable for climate change impacts.

BP p.l.c. v. Mayor & City Council of Baltimore

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In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Agreed to Consider Scope of Appellate Review of Remand Order

Filed

United States of America

Maryland

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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.

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

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