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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BP America Inc. v. Delaware
Case Documents:
Filing Date Type File Action Taken Summary 02/27/2023 Petition for Writ of Certiorari Download Petition for writ of certiorari filed. Fossil Fuel Companies Filed Certiorari Petition Seeking Review of Remand Orders in Delaware and Hoboken Cases. On February 27, 2023, fossil fuel companies filed a petition for writ of certiorari asking the Supreme Court to determine whether federal courts have jurisdiction over climate change cases brought by the State of Delaware and the City of Hoboken. The petition presented the question of “[w]hether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims seeking redress for injuries allegedly caused by the effect of transboundary greenhouse gas emissions on the global climate, on the ground that federal law necessarily and exclusively governs such claims.” The companies argued that claims related to international and interstate emissions are “inherently federal” and that the Third Circuit erred when it determined that Delaware’s and Hoboken’s state law claims could not be brought in federal court. The companies also contended that immediate review was warranted because of the cases’ economic implications for the energy sector and the global economy more broadly and because a “patchwork” of conflicting state standards risked undermining the fossil fuel companies’ “vital role in maintaining a dependable supply of oil and gas.” The companies told the Court that their petition presented the same issues as those presented in Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County, which seeks review of the Tenth Circuit’s affirmance of a remand order in cases brought by Colorado localities. The companies asked that their petition in the Delaware and Hoboken cases be held pending the disposition of Suncor, in which the Court has invited the Solicitor General to submit a brief expressing the views of the United States on the questions raised. The Solicitor General had not filed a brief as of March 1. 12/16/2022 Opposition Download Opposition filed by State of Delaware to application for extension of time. 12/16/2022 Order Application for extension of time granted. Justice Sotomayor granted fossil fuel companies’ application to extend their time for filing a petition for writ of certiorari seeking review of the Third Circuit Court of Appeals’ affirmance of remand orders in climate cases brought by the City of Hoboken and the State of Delaware. The new deadline is February 27, 2023. Delaware opposed the application, arguing that the extension would delay and prejudice the State 12/12/2022 Application Download Application for extension of time for filing petition for writ of certiorari submitted. -
Delaware v. BP America Inc.
Case Documents:
Filing Date Type File Action Taken Summary 10/12/2022 Order Download Motion to stay the mandate denied. On October 12, 2022, the Third Circuit Court of Appeals denied fossil fuel industry defendants’ request that it stay issuance of the mandates after the court affirmed district court orders remanding climate change cases brought by the City of Hoboken and the State of Delaware to state court. The defendants had argued that issuance of the mandates should be stayed to allow the filing and disposition of a petition for a writ of certiorari in the U.S. Supreme Court. 10/11/2022 Opposition Download Opposition filed by plaintiffs-appellees to defendants-appellants' motion to stay mandates. 10/04/2022 Letter Download Letter filed by defendants regarding citation of supplemental authorities (Supreme Court invitation to Solicitor General to submit views on certiorari petition in Boulder case). In a letter to the Third Circuit in support of its motion to stay the mandates in the City of Hoboken’s and State of Delaware’s cases, the defendants argued that the Supreme Court’s invitation to the Solicitor General to submit the U.S.'s views on the certiorari petition in the Boulder case made clear that these jurisdictional questions were “substantial.” The defendants cited an article that found that certiorari petitions were more than 46 times more likely to be granted once the Court sought the Solicitor General’s views. The defendants also cited the position the United States had previously taken in amicus briefs in Baltimore’s case and the Oakland/San Francisco case that the plaintiffs’ climate change claims were “inherently and necessarily federal in nature.” 09/30/2022 Motion Download Motion to stay the mandates filed. 09/30/2022 Order Download Petition for rehearing denied. Third Circuit Denied Rehearing of Affirmance of Remand Orders in Hoboken and Delaware Climate Cases. The Third Circuit Court of Appeals denied fossil fuel industry defendants’ petition for rehearing of the court’s decision affirming the remand orders in climate change cases brought by the City of Hoboken and the State of Delaware. 09/14/2022 Petition for Rehearing Download Petition for rehearing en banc filed by defendants-appellants. The defendants-appellants filed a petition for rehearing en banc in which they contended that the Third Circuit panel erred by concluding that cases “that are necessarily federal by virtue of federal common law derived from the Constitution’s structure” were not removable. The defendants argued that the panel’s decision misinterpreted Third Circuit precedent, “deepened” a circuit split, and was at odds with the position of the United States and “the teachings of the Supreme Court.” The petition for rehearing also contended that that the panel erred in giving effect to Hoboken’s and Delaware’s “artful disclaimers” that the defendants said were “designed to evade federal jurisdiction.” 08/29/2022 Order Motion for extension of time to file petition for rehearing granted. The Third Circuit granted a request for an extension of time to file a petition for rehearing. The deadline is September 14, 2022. 08/17/2022 Opinion Download Remand order affirmed. Third Circuit Affirmed Orders Returning Hoboken and Delaware Climate Cases to State Courts. The Third Circuit Court of Appeals affirmed remand orders in climate change cases brought by the City of Hoboken and State of Delaware against fossil fuel industry defendants. The Third Circuit found “no federal hook” that would allow the defendants to remove the state tort law actions to federal court, rejecting arguments that the state law claims were inherently federal or necessarily raised a substantial federal issue or that the Outer Continental Shelf Lands Act or federal officer removal statute provided a basis for federal jurisdiction. The Third Circuit stated that “[c]limate change is an important problem with national and global implications” but that “federal courts cannot hear cases just because they are important.” 08/09/2022 Letter Download Response filed by defendants to plaintiff's citation of supplement authority (Ninth Circuit decision in Honolulu/Maui cases). 07/26/2022 Letter Download Supplemental authority submitted by plaintiff (Ninth Circuit decision in Honolulu/Maui cases). 06/21/2022 Not Available Oral argument heard. Oral Argument Held in Appeals of Delaware and Hoboken Remand Orders. On June 21, 2022, the Third Circuit Court of Appeals heard oral arguments in the appeals of remand orders in climate change lawsuits brought against fossil fuel industry defendants by the State of Delaware and City of Hoboken. 06/08/2022 Letter Download Response filed by defendants-appellants to plaintiff-appellee's citation of supplemental authorities (First Circuit decision in Rhode Island case). 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 10/19/2022 Letter Download Clerk sent remand orders and federal docket sheet to New Jersey Superior Court. Delaware Climate Case Returned to State Court. The clerk of the federal district court in Delaware took action to return Delaware’s case to Delaware Superior Court. 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 11/28/2022 Motion Download Opening brief filed in support of defendants' motion to stay pending resolution of certiorari petitions. 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.