ELR Citation: 52 ELR 20006
No(s). 20-1429-LPS (D. Del. Jan 5, 2022) (Stark, J.)

A district court granted Delaware's motion to remand to state court its climate liability lawsuit against fossil fuel companies. Delaware argued it had suffered, and would continue to suffer, damages from climate impacts caused by the companies' denial of and disinformation about the existence, cause, and adverse effects of global warming, including accelerating sea-level rise, increased extreme weather events, ocean acidification, and elevated average air temperature, and that it had incurred, and would continue to incur, expenses to preemptively mitigate the injuries caused by the companies' misconduct. The companies removed the suit to federal court, citing several grounds for federal jurisdiction. The state moved to remand the suit back to state court, challenging the grounds for removal under federal common law, Grable jurisdiction, the federal officer removal statute, and the Outer Continental Shelf Lands Act. The court found the companies failed to show that removal was justified on the basis of any of those grounds, and remanded the suit.