First State Times

https://news.delaware.gov/files/2021/01/News.Delaware.Gov-graphics-e1612815239649.jpg 

WASHINGTON — On May 15, the Supreme Court of the United States DENIED the petition for a writ of certiorari submitted by fossil fuel companies appealing their failure to move Delaware’s climate damage and deception lawsuit out of state court and into federal court.  The question of state versus federal jurisdiction is now resolved, and the case will head back to the Superior Court of Delaware where it was originally filed in September 2020.

Today’s order also sends a similar case against fossil fuel companies filed by the City of Hoboken, NJ, back to New Jersey state court.  When a panel at the U.S. Court of Appeals for the 3rd Circuit unanimously rejected the fossil fuel companies’ efforts to move these two cases to federal court last year, their opinion summed up a consistent string of decisions handed down by federal courts in dozens of similar cases across the country: “Our federal system trusts state courts to hear most cases—even big, important ones that raise federal defenses. Plaintiffs choose which claims to file, in which court, and under which law. Defendants may prefer federal court, but they may not remove their cases to federal court unless federal laws let them. Here, they do not.” 45 F.4th 699, 705–06 (3d Cir. 2022)

In response to today’s order, Attorney General Kathy Jennings issued the following statement:

“We appreciate and agree with the Court’s order denying the fossil fuel companies’ petition, which aligns with dozens of decisions in federal courts here in Delaware and across the country.  As we stated at the time of filing this case almost three years ago, “It didn’t have to be this way. The fossil fuel industry knew for decades that their products would lead to climate change with potentially “severe” and even “catastrophic” consequences — their words, not ours. But they didn’t clean up their practices or warn anyone to minimize the peril they were creating. Instead, they spent decades deliberately and systematically deceiving the nation about what they knew would happen if they carried on with business as usual.” Imagine how far along we might be in the transition to a low carbon economy today if not for their deception.  That’s why we filed our lawsuit, and today’s order moves Delawareans one step closer to the justice and economic relief that we deserve.”

Original source can be found here.