Denver federal appeals court rules against another energy firm


The 10th U.S. Circuit Court of Appeals in Denver has come down with another ruling against the fossil fuel industry. This time, it was against two oil and gas firms.

POLITICO reported a climate change lawsuit brought by several Colorado localities against ExxonMobil and Suncor Energy will remain in state court rather than be bumped up to the federal level.

The U.S. Court of Appeals for the 10th Circuit in Denver on Tuesday rejected one of the companies’ arguments and said it does not have jurisdiction to hear an appeal on the rest. It’s the third such loss for oil and gas companies that had hoped to shift the growing number of lawsuits from cities and counties to federal courts, where the claims would probably be barred.

The 4th and 9th Circuits earlier this year came to the same conclusion in similar cases brought in Maryland and California.

The Maryland case, in Baltimore, has been appealed to the Supreme Court, which could make it a test for this type of locally focused climate battle as it is furthest along in the process. However, it appears the high court will break for its summer recess soon without deciding whether to hear the case. If the justices don’t take up the Baltimore appeal this fall, it wouldn’t necessarily prohibit an appeal in the California or Colorado cases, but would make success less likely.


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