The Ninth Circuit Court of Appeals granted a joint motion to consolidate appeals of district court orders remanding cases brought by California cities and counties to hold fossil fuel companies liable for allegedly causing climate change impacts. The order consolidates the fossil fuel companies appeals in the cases brought by the County of San Mateo, County of Marin, City of Imperial Beach, County of Santa Cruz, City of Santa Cruz, and City of Richmond. The order also set a briefing schedule for the consolidated appeals: the fossil fuel companies’ opening brief is due by October 22, the answering brief is due by November 21, and an optional reply brief is due 21 days after service of the answering brief. The order also referred San Mateo County, Marin County, and Imperial Beach’s motion by for partial dismissal of the appeals to the merits panel. These appellees argue that the Ninth Circuit only has jurisdiction to review the issue of removal under the federal officer removal statute.

Action by California counties and cities seeking damages and other relief from fossil fuel companies for sea level rise. 

County of San Mateo v. Chevron Corp.

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Ninth Circuit Consolidated Fossil Fuel Companies’ Appeals of Remand Orders in Cases Brought by San Mateo County and Other Local Governments

Filed

United States of America

California

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