CRS Legal Sidebar, Supreme Court Ruling May Affect the Fate of Climate Change Liability Suits, June 4, 20201: “On May 17, 2021, the Supreme Court issued a ruling that could delay climate liability suits—that is,lawsuits seeking damages for alleged climate change-related injuries that result from selling and producing fossil fuel products. In BP p.l.c. v. Mayor and City Council of Baltimore, the Court considered the scope of judicial review of orders that transfer a lawsuit from federal to state court.The Court expanded the scope of appellate review of orders remanding climate liability cases to state court, a holding that will likely postpone judicial review of the merits of these suits.Legal challenges over the appropriate court venue may affect the law and precedent that is applied in more than20 climate liability suits filed by state and local governments against fossil fuel producers in state courts. This Legal Sidebar reviews the background of the Baltimore case, the Supreme Court’s ruling, its potential effect on climate liability suits, and considerations for Congress..”
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