Energy

Supreme Court sides with oil companies in Baltimore case


The Supreme Court on Monday backed a bid by major players in the oil and gas industry to undo a lower court’s decision that kept the city of Baltimore’s lawsuit against them in state court. 

The justices ruled 7-1 that the 4th Circuit Court of Appeals erred in its decision that it lacked jurisdiction to consider certain grounds from the companies for bringing the case into federal court.

In the 2018 case, Baltimore alleges that production and misleading marketing of fossil fuels from defendants including Shell, BP, ExxonMobil and Chevron has exacerbated climate change. 

The defendants sought to move the lawsuit from Maryland state court to federal court, a move that has been referred to as “forum shopping.”

Critics argue that corporate clients often do this, thinking they’ll have a better chance at winning in federal court.

The results of the highly technical issue could have implications on the numerous similar cases filed by other states and localities seeking climate damages. 

The opinion, penned by Justice Neil GorsuchNeil GorsuchConservative justices split in ruling for immigrant fighting deportation Top GOP super PAC endorses Murkowski amid primary threat Trump-era grievances could get second life at Supreme Court MORE, didn’t grant the industry’s request to decide on the matter of whether the case belongs in state or federal court, stopping short of backing its bid to move the case to federal court. 

It sent the case back to the Fourth Circuit for further proceedings.

Justice Samuel Alito did not participate in the case, as he holds stock in ConocoPhillips and Phillips 66, both of which were also defendants. Justice Sonia SotomayorSonia Sotomayor Distortions in census numbers give a boost to Team Trump Court watchers buzz about Breyer’s possible retirement Sotomayor blasts Kavanaugh’s decision on juvenile life sentences MORE was the only dissenting vote.

 

 





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