The U.S. Supreme Court is scheduled to hear oral argument on January 19, 2021 in fossil fuel companies’ appeal of a Fourth Circuit Court of Appeals decision affirming an order remanding to state court the City of Baltimore’s climate change case against the companies. On January 8, the Court granted the Acting Solicitor General’s motion for leave to participate in oral argument as amicus curiae in support of the companies. The companies identified the question for review as 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.” In its brief filed on December 16, Baltimore defined the question as whether the statutory provision “entitles a defendant, by including a meritless federal-officer or civil-rights ground for federal jurisdiction in a removal petition, to appellate review of every ground for removal rejected by the district court’s remand order.” 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. In December, six amicus briefs were filed in support of Baltimore—by state and local government groups, environmental groups, six senators, law professors who teach and write on civil procedure and the federal courts, 19 states and the District of Columbia, and Boulder County, San Miguel County, and the City of Boulder in Colorado.

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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Supreme Court to Hear Arguments on Scope of Appellate Review of Remand Orders in Baltimore Case

Filed

United States of America

Maryland

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Supreme Court to Hear Arguments on Scope of Appellate Review of Remand Orders in Baltimore Case

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Economic sector

Finance