May 19, 2021

WSJ Editorial: “Climate Lawsuits Take a Hit”

A new Wall Street Journal Editorial examines the U.S. Supreme Court’s reversal of a federal appeals court decision that sent the City of Baltimore’s climate lawsuit against a group of energy companies to Maryland state court.

“Baltimore and other cities are now trying to sneak lawsuits through state courts where judges aren’t bound by AEP [Supreme Court precedent]. The Supreme Court on Monday made this end-run much harder by ruling on a complicated procedural question regarding federal appellate court review of federal judges’ remand orders to state courts.”

The highly technical 7-1 ruling sent the case back to the federal appeals court for further proceedings, and gave the energy companies another chance to have the case heard at the federal level.

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