ELR Citation: 52 ELR 20020
No(s). 19-1330 (10th Cir. Feb 8, 2022)

The Tenth Circuit affirmed a district court’s order remanding to state court a climate liability lawsuit against fossil fuel companies. Municipalities in Colorado argued in state court that they faced substantial and rising costs from the threat of climate change, to which the companies had substantially contributed, and sought compensation to cover such costs. The companies removed the case to federal court on "federal officer" grounds, among others, and the municipalities subsequently moved to remand for lack of federal subject matter jurisdiction. The district court granted the motion, rejecting all seven of the companies’ grounds for removal and remanding to state court. The appellate court limited its review to the federal officer removal claim and concluded the companies failed to establish grounds for removal. The U.S. Supreme Court subsequently clarified that jurisdiction extended to all grounds advanced for federal jurisdiction in this instance, and vacated and remanded the appellate court’s decision. On remand, the appellate court concluded that none of the grounds the companies asserted for removal were sufficient to establish federal jurisdiction over the municipalities’ state-law claims. It affirmed the district court’s order remanding the suit to state court.