Fossil fuel companies argued in a brief to the First Circuit Court of Appeal that they had properly removed a case brought by the State of Rhode Island in which the State seeks to hold the companies liable for the impacts of climate change. The companies’ opening brief contended that the appellate court had jurisdiction to review the entirety of the remand order, not just the district court's conclusion that the federal officer removal statute did not provide a basis for removal. The companies further argued that there were multiple grounds for removal, including that the State's claims asserted injuries were caused by nationwide (and worldwide) greenhouse gas emissions and therefore necessarily arose under federal, not state, common law. In addition, the companies argued that the presence of substantial, disputed federal questions invoked federal jurisdiction and that the case was also subject to federal jurisdiction under the federal officer removal statute, the federal bankruptcy statute, the Outer Continental Shelf Lands Act, federal enclave doctrine, and admiralty jurisdiction, and due to complete preemption by the Clean Air Act.

State of Rhode Island lawsuit seeking to hold fossil fuel companies liable for causing climate change impacts that adversely affect Rhode Island and jeopardize State-owned or -operated facilities, real property, and other assets.

Rhode Island v. Shell Oil Products Co.

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Opening Brief Filed in First Circuit Seeking Reversal of Remand Order in Rhode Island's Climate Change Case Against Fossil Fuel Companies

Filed

United States of America

Rhode Island

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