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Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc.

ELR Citation: 50 ELR 20161
Nos. 19-1330, (10th Cir., 07/07/2020)

The Tenth Circuit affirmed a district court ruling that remanded to state court a climate change lawsuit against oil companies for contributing to global warming-related damage in Colorado. Three local government entities argued before state court that they faced substantial and rising costs to protect people and property from the threat of global warming, to which the companies had substantially contributed, and sought compensation from the companies to cover such costs. The companies moved to remove the case to federal district court on federal officer removal grounds, among others, and the entities subsequently moved to remand for lack of federal subject matter jurisdiction. The district court granted the entities' motion, rejecting all seven of the companies' grounds for removal and remanding to state court. On appeal, the court limited its review to the companies' federal officer removal claim, and concluded that they failed to establish proper grounds for such removal. It therefore affirmed the district court's remand order to the extent it rejected removal under the federal officer removal statute and dismissed the remainder of the companies' appeal.