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Fourth Circuit errs again

The United States Supreme Court in 7:1 decision ruled on Monday, May 17, 2021 that the Fourth Circuit Court of Appeals erred in its decision when it found that it lacked jurisdiction to consider certain grounds from the companies for bringing the case into federal court.

In 2016 Mayor and City Council of Baltimore sued Shell Oil, BP, ExonnMobil and Chevron alleging that their production and marketing of fossil fuel causes climate change. The suit was filed in Maryland Circuit Court.

Pursuant to the Article III of the US Constitution and accompanied 28 U.S. Code § 1441 Sets forth rules for the Removal of civil actions from state courts to the Federal Court.

On November 22, 2020 the following Briefs were filed on behalf of the Defendants: National Association of Manufacturers et al., State of Indiana and 12 other states, Chamber of Commerce of the United States, Washington Legal Foundation, Atlantic Legal Foundation, the Voice of the Defense Bar, and the Petitioners as amici curiae in support of petitioners who were the original Defendants in the circuit court case.

On December 23, 2020 Brief filed by amici curiae for: Chesapeake Bay Foundation Natural Resources Defense Council, Senators Whitehouse, Cardin, Blumenthal, Warren, Markey, and Van Hollen, 19 states and the District of Columbia, Mayor & City Council of Baltimore- and many others all in support of Baltimore City’s allegation of climate change caused by the Defendants.

The Supreme Court ruled on behalf of the Defendants, remanding the case back to the Fourth Circuit to consider Defendants other grounds for removal of their case from the state court to federal courts .

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