Nearly two dozen lawsuits against energy manufacturers seeking state tort damages over climate change have been filed in state courts. The defendants removed the cases to federal courts because the subject matter of the litigation involves exclusively federal issues, namely national energy policy over the worldwide uses of fossil fuels. The Supreme Court is considering the scope of appellate review of the remand order in one of the cases, BP P.L.C. v. Mayor and City Council of Baltimore. The implications of this ruling will likely extend to the larger climate litigation campaign. The oral argument is scheduled for January 19, 2021. Phil Goldberg, who authored an amicus brief filed by several trade groups including the National Association of Manufacturers, will provide his thoughts on the hearing and the broader implications for climate litigation.
Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project (MAP), a project of The National Association of Manufacturers (NAM), and Washington D.C. Office Managing Partner, Shook, Hardy & Bacon, LLP
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