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June 16, 2020 - Source: Law360

Do Climate Change Nuisance Suits Belong in Federal Court?


The past three years have seen a wave of tort lawsuits seeking to hold fossil fuel companies liable for costs resulting from climate change. Whether the cases can be removed to federal court is a central issue. In a pair of opinions issued May 26, 2020, the Ninth Circuit held that the fossil fuel company defendants in two of these lawsuits had failed to satisfy the requirements for removal. These opinions potentially open the door to more state court lawsuits seeking money damages from companies that have allegedly contributed to climate change.

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