Justices Say 4th Circ. Review In Climate Suit Was Too Narrow

By Keith Goldberg (May 17, 2021, 10:18 AM EDT) -- The U.S. Supreme Court on Monday nixed the Fourth Circuit's decision to send Baltimore's climate change tort against Chevron Corp., ExxonMobil Corp. and other energy giants to state court, but avoided answering a broader question of which courtroom such lawsuits actually belong in.

In a 7-1 ruling, the justices said that the Fourth Circuit wrongly limited its review of an order that sent Baltimore's suit seeking climate-related infrastructure damages to state court, resolving a circuit split over the scope of appellate review of remand orders. Justice Samuel Alito didn't participate.

But the justices also declined to address arguments that climate torts...

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