Will Climate Change Suits Make It To Supreme Court?

Law360 (May 13, 2010, 12:19 PM EDT) -- On April 30, 2010, the United States Court of Appeals for the Fifth Circuit, via its clerk, in a letter to all counsel of record announced the cancellation of en banc oral arguments previously scheduled for May 24, 2010, in the landmark climate change lawsuit Comer v. Murphy Oil. The letter stated:

"The parties are hereby notified that since the en banc court was constituted, new circumstances have arisen that make it necessary for another judge to recuse, leaving only eight members of the court able to participate in the case. Consequently, this en banc court has lost its quorum, precluding...

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