April 03, 2020 Practice Points

Fourth Circuit Affirms Remand of Climate Change Lawsuit Back to Maryland State Court

The case is of public significance because many natural disasters are commonly attributed to climate change and few, if any, energy companies have been held responsible for the costs relating to climate change.

By David Y. Loh

On March 6, 2020, in Mayor and City Council of Baltimore v. BP P.L.C., et al., the U.S. Court of Appeals for the Fourth Circuit ruled that a climate-change lawsuit filed against major oil and gas companies was properly remanded back to state court. This case is of public significance because many natural disasters are commonly attributed to climate change and few, if any, energy companies have been held responsible for the costs relating to climate change. This appeal, however, is focused almost exclusively on a technical analysis of the federal removal statute, 28 U.S.C. Sec. 1441, et seq.

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