ELR Citation: 54 ELR 20002
No(s). 22-7163 (D.C. Cir. Dec 19, 2023)

The D.C. Circuit affirmed a district court order remanding to state court a climate liability suit brought against oil and gas companies. The District of Columbia initially sued in state court, arguing the companies deceived consumers about the causal link between fossil fuel usage and climate change by inaccurately advertising their products as "green" and failing to warn consumers about the products' effects on the climate, in violation of the District of Columbia Consumer Protection Procedures Act. The companies removed the suit to federal court, invoking jurisdiction under federal common law, Grable, the federal officer removal statute, and the Outer Continental Shelf Lands Act. The federal court remanded the suit for lack of jurisdiction, and the companies appealed. The appellate court found none of these grounds justified removal, in accordance with other suits where state or local governments have brought state-law actions against energy companies for conduct relating to climate change. It affirmed the district court's order remanding the suit to state court.