Law360 (June 1, 2010, 6:25 PM EDT) -- Unable to muster an en banc quorum, a federal appeals court has vacated its own order and reinstated a lower court's decision to dismiss a class action accusing Shell Oil Co., Exxon Mobil Corp. and other energy companies of causing global warming.
The U.S. Court of Appeals for the Fifth Circuit's restoration of the dismissal Friday leaves the U.S. Supreme Court as the only option for the plaintiffs, who claimed greenhouse gas emissions from such companies as BP America Production Co. and Cinergy Corp. caused conditions that worsened damage from Hurricane Katrina.
Landowners led by Ned and Brenda Comer filed the...
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