Description: Lawsuit seeking to hold the fossil fuel industry liable for the physical, environmental, social, and economic consequences of climate change in Delaware.
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Delaware v. BP America Inc.
Case Documents:
Filing Date Type File Action Taken Summary 06/03/2022 Notification Oral argument on the merits of appeals in Delaware and City of Hoboken cases scheduled for June 21, 2022. 05/25/2022 Letter Download Letter filed by Delaware regarding citation of supplemental authorities (First Circuit decision in Rhode Island case). 05/19/2022 Letter Download Letter filed by Delaware regarding citation of supplemental authorities (Fourth Circuit denial of rehearing in Baltimore case). 05/12/2022 Reply Download Reply brief filed by defendants-appellants. 04/27/2022 Letter Download Letter filed by Delaware regarding supplemental authorities (Ninth Circuit decision in County of San Mateo case). 04/21/2022 Amicus Brief Download Brief filed by amici curiae Robert Brulle et al. in support of plaintiff-appellee and affirmance. 04/21/2022 Amicus Brief Download Brief filed by National League of Cities and U.S. Conference of Mayors as amici curiae in support of plaintiff-appellee. 04/21/2022 Amicus Brief Download Brief filed by federal courts and foreign relations scholars as amici curiae supporting appellee and affirmance. 04/21/2022 Amicus Brief Download Brief filed by amici curiae Robert Kopp et al. in support of appellee and affirmance. 04/21/2022 Amicus Brief Download Brief filed by legal scholars as amici curiae in support of plaintiff-appellee. 04/21/2022 Amicus Brief Download Brief filed by NRDC as amicus curiae in support of appellee and affirmance. 04/21/2022 Amicus Brief Download Brief filed by amicus curiae Public Citizen in support of plaintiff-appellee and affirmance. 04/21/2022 Amicus Brief Download Brief filed by New Jersey, other states, and the District of Columbia as amici curiae in support of Delaware. 04/21/2022 Amicus Brief Download Brief filed by amicus curiae Robert S. Taylor. 04/14/2022 Brief Download Answering brief filed by Delaware. 03/22/2022 Amicus Brief Download Amicus curiae brief filed by National Association of Manufacturers in support of appellants and reversal. 03/22/2022 Amicus Brief Download Amicus brief filed by Indiana and 16 other states in support of appellants and reversal. 03/22/2022 Amicus Brief Download Brief filed by amicus curiae the Chamber of Commerce of the United States of America in support of appellants and vacatur. 03/15/2022 Brief Download Opening brief filed by defendants-appellants. -
Delaware v. BP America Inc.
Case Documents:
Filing Date Type File Action Taken Summary 02/08/2022 Order Download Motion to stay the execution of the remand order pending appeal granted. Delaware Federal Court Stayed Its Remand Order in Delaware’s Climate Case Against Fossil Fuel Companies. The federal district court for the District of Delaware granted fossil fuel industry defendants’ motion to stay execution of the court’s January 5 order remanding the State of Delaware’s climate change case to state court. The court stayed the remand order until the Third Circuit issues its ruling on the defendants’ appeal. The court agreed with the defendants that removal jurisdiction issues for climate change-related state law claims left “reasonable room for disagreement” and noted that each of the defendants’ removal grounds raised an issue of first impression for the Third Circuit. The court therefore found the defendants had made “the necessary showing of a likelihood of success on the merits.” The court also found that the defendants demonstrated they would likely suffer irreparable harm because “there may be no practical way to ‘un-ring the bell’ of the state court’s intervening rulings if the Third Circuit ultimately determines that the case should proceed in federal court.” In addition, the court found that a stay pending appeal would not substantially harm Delaware and would serve the public interests of judicial economy and conservation of public resources. 02/01/2022 Reply Download Reply brief filed in support of motion to stay execution of remand order pending appeal. 01/25/2022 Opposition Download Opposition filed by plaintiffs to defendants' motion to stay execution of remand order pending appeal. Delaware filed its opposition to the stay motion on January 25, 2022, arguing that the defendants’ chance of success on appeal was “negligible at best” and that the defendants did not face irreparable harm in the absence of a stay, while potential harm to Delaware and the public interest weighed “decisively” in favor of denying a stay. 01/21/2022 Order Court ordered that emergency motion to stay the remand order was moot. In an oral order on January 21, the district court ordered that the defendants’ emergency motion to stay the remand order was moot since the Clerk of Court had not remanded the case to Delaware Superior Court and the defendants had filed their motion to stay. 01/14/2022 Brief Download Brief filed in support of motion to stay execution of remand order pending appeal. Fossil fuel industry defendants appealed the remand order in Delaware’s case to the Third Circuit and also filed a motion in the district court to stay execution of the remand order pending appeal. 01/14/2022 Opposition Download Opposition filed by plaintiffs to defendants' emergency motion to stay execution of remand order. 01/13/2022 Notice of Appeal Download Notice of appeal filed by defendants. 01/05/2022 Memorandum Opinion Download Motion to remand granted. Federal Court Said Delaware’s Climate Case Against Fossil Fuel Industry Belonged in State Court. The federal district court for the District of Delaware granted the State of Delaware’s motion to remand its climate change lawsuit against fossil fuel industry defendants to state court. The court characterized Delaware’s case as alleging that the defendants’ “disinformation campaign” about global warming’s existence, causes, and effects caused the State to suffer from the impacts of global warming. The district court found that Delaware’s complaint asserted only state law claims; that the defendants failed to show complete preemption (and had, in effect, waived the complete preemption argument); and that federal common law, even if implicated in Delaware’s claims, did not provide a basis for removal. The district court also found that the defendants failed to establish a basis for Grable jurisdiction because Delaware’s claims did not “necessarily raise” the federal issues identified by the defendants related to federal energy policy, federal foreign affairs power, and First Amendment rights. With respect to federal-officer removal jurisdiction, the court found that the plaintiffs had disclaimed certain claims upon which such jurisdiction might be based, that other activities cited by the defendants as the basis for such jurisdiction predated the alleged misconduct, and that defendants’ operations under the Outer Continental Shelf (OCS) lease program did not meet the requirement that the defendants were “acting under” federal officers. The court also found that the defendants did not establish that there was jurisdiction under the Outer Continental Shelf Lands Act in the absence of a showing that their OCS operations were a but-for cause of Delaware’s alleged injuries. The court found that the companies waived their removal arguments based on federal enclave jurisdiction and the Class Action Fairness Act (in addition to the complete preemption argument). 01/05/2022 Motion Download Emergency motion for a temporary stay of execution of remand order filed by defendants. On the same day that the court issued its decision granting Delaware's remand motion, the defendants filed an emergency motion for a temporary stay of the remand order. 09/09/2021 Notice Download Notice of supplemental authority filed by Delaware regarding remand order in City of Hoboken v. Exxon Mobil Corp. 06/04/2021 Notice Download Notice of supplemental authority filed by plaintiff regarding remand order in Connecticut case. 05/17/2021 Notice Download Notice of supplemental authority filed by defendants regarding Supreme Court's decision in Baltimore case. 05/14/2021 Notice Download Notice of supplemental authority filed by defendants regarding Fourth Circuit decision regarding federal officer removal statute. 04/21/2021 Order Order issued scheduling oral argument on motion to remand. The federal district court for the District of Delaware scheduled oral argument on Delaware’s motion to remand on May 19, 2021, allocating each side up to 75 minutes for its arguments. 04/13/2021 Notice Download Notice of supplemental authority filed by the defendants. On April 13, 2021, the defendants wrote to inform the court of the Second Circuit’s decision affirming dismissal of New York City’s climate change case against fossil fuel companies. 04/06/2021 Reply Download Reply brief filed by plaintiff in support of motion to remand. 03/05/2021 Brief Download Answering brief filed by defendants in opposition to plaintiff's motion to remand. 01/05/2021 Brief Download Opening brief filed in support of motion to remand to state court. 11/20/2020 Motion Download Motion to remand to state court filed by Delaware. 10/23/2020 Notice of Removal Download Notice of removal filed. -
State v. BP America Inc.
Case Documents:
Filing Date Type File Action Taken Summary 09/10/2020 Complaint Download Complaint filed. Delaware Lawsuit Sought Damages from Fossil Fuel Companies for Climate Change Injuries. Delaware filed a lawsuit in Delaware Superior Court asserting common law claims and a claim under its Consumer Fraud Act against fossil fuel companies for allegedly causing “the climate crisis” through “concealment and misrepresentation of their products’ known dangers—and simultaneous promotion of their unrestrained use.” Delaware alleged “severe injuries,” including inundation and loss of State property, loss of tax revenue due to inundation of private property and businesses and other impacts to Delaware’s economy, injury to or destruction of critical State facilities, increased costs of providing government services, increased health care and public health costs, increased planning and preparation costs, and disruption and loss of coastal communities. The common law claims asserted by Delaware are negligent failure to warn, trespass, and nuisance. The State seeks compensatory damages, penalties for violation of the Consumer Fraud Act, attorneys’ fees, punitive damages, and costs of suit.