ELR Citation: 52 ELR 20099
No(s). 21-2728 and 22-1096 (3d Cir. Aug 17, 2022)

The Third Circuit affirmed two district courts' orders remanding back to start court two climate liability suits bought against oil companies. Delaware and the city of Hoboken sued the companies in state court for state-law torts. The companies removed the suits to federal court, arguing removal was proper because the tort claims arose under federal law; the suits related to producing oil on the outer continental shelf; and the companies were acting under federal officers. The district courts rejected the companies' reasoning, and remanded the suits back to state court. The appellate court found the suits were neither inherently federal nor raised substantial federal questions that belonged in federal court; that oil production on the outer continental shelf was too many steps removed from the burning of fuels that causes climate change; and that neither Delaware nor Hoboken were suing over actions the companies were directed to take by federal officers. The court noted that "climate change is an important problem with national and global implications. But federal courts cannot hear cases just because they are important." Because there was no "federal hook" to justify removing the suits, it affirmed the district courts' remand orders.