Checking in on big oil’s climate suites

Source: BY MATTHEW CHOI, Politico • Posted: Wednesday, March 16, 2022

Exxon Mobil will appeal to the Supreme Court a February ruling from the 10th Circuit sending a climate lawsuit brought by Colorado localities back to state court, attorney Kannon Shanmugam confirmed on Tuesday. That will make it the first such case over the jurisdiction of climate cases to go back to the high court. It might take a while to play out, however, particularly if the justices ask the Biden administration to weigh in.

MEANWHILE IN MINNESOTA: A trio of judges appointed by former President Donald Trump to the 8th Circuit expressed skepticism on Tuesday over Minnesota’s arguments that its climate tort lawsuit belongs in state court rather than federal court. A ruling against the state would clash with the Colorado ruling — a “circuit split,” aka Supreme Court catnip.

AND IN NEW YORK AND MASSACHUSETTS The 2nd Circuit on Tuesday dismissed Exxon Mobil’s lawsuit seeking to stop the states’ investigations into alleged deceptive speech practices. The New York part of the case was mooted when the state lost its enforcement action in court, while Exxon cannot pursue a federal case against Massachusetts because it already tried and failed several years ago in state courts, the 2nd Circuit ruled.