ELR Citation: 52 ELR 20044
No(s). 19-1644 (4th Cir. Apr 7, 2022)

The Fourth Circuit affirmed a district court order that remanded to state court the city of Baltimore's climate change lawsuit against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme precipitation, from greenhouse gas pollution to which the companies had substantially contributed. The district court found that none of the companies' grounds for removal justified retaining federal jurisdiction, and remanded back to state court. The appellate court had concluded it only had authority to review the part of the order decided under the federal officer removal statute, and thus lacked jurisdiction to review the district court's rejection of the companies' other grounds. The U.S. Supreme Court held that the appellate court erred in concluding it was not permitted to review all of the district court's order, vacated the decision, and remanded. The appellate court then found that none of the companies' bases for removal permitted the exercise of federal jurisdiction, and that Baltimore's claims did not belong in federal court because the city relied exclusively on state-law claims to remedy its injuries. It affirmed the district court's remand order.