Major oil companies on Wednesday accused the federal government of “flip-flopping” when it told the U.S. Supreme Court that a lawsuit filed by several Colorado municipalities seeking climate change-related damages belongs in state court.
the Biden administration's opinion on a petition filed by ExxonMobil Corp. and Suncor Energy Inc. challenging a February 2022 federal appeals court's ruling that sent the case back to state court, a venue generally considered more favorable to the municipal plaintiffs.with the Denver-based 10th U.S. Circuit Court of Appeals, which concluded none of the grounds cited by the companies to change the venue supported federal court jurisdiction.
The companies have denied the allegations and have argued the lawsuits should be heard in federal courts because they involve issues of national importance like energy policy and greenhouse gas emissions that cross state or international lines. The case, if the Supreme Court elects to take it, would give the high court a second chance to clarify which venues should hear the lawsuits filed by state and local governments, including Rhode Island, Delaware, Honolulu and Baltimore.the jurisdiction question in 2021 in Baltimore's case. It issued a narrow ruling telling the Richmond, Virginia-based 4th U.S.
For the energy companies: Kannon Shanmugam, Theodore Wells, Daniel Toal and William Marks of Paul Weiss Rifkind Wharton & Garrison, Hugh Gottschalk and Eric Robertson of Wheeler Trigg O'Donnell.
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