Analysis

5 Takeaways From The 9th Circ.'s Climate Suit Ruling

Law360 (May 27, 2020, 8:48 PM EDT) -- The Ninth Circuit's rulings this week that federal law wasn't implicated in litigation seeking to hold fossil fuel companies accountable for climate-change-related infrastructure damage add to the legal momentum to keep the latest wave of climate torts in state courts.

In siding with California cities and counties Tuesday, the Ninth Circuit joined the Fourth Circuit by holding that climate nuisance suits against Chevron Corp., ExxonMobil Corp. and other fossil fuel producers can be contested in state court.

With three other circuit courts yet to weigh in on whether state-law climate torts can be sustained, a circuit split that piques the U.S. Supreme...

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