Description: Lawsuit seeking to hold the fossil fuel industry liable for the physical, environmental, social, and economic consequences of climate change in Delaware.
Delaware v. BP America Inc.
Filing Date Type File Action Taken Summary 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.
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.