U.S. Supreme Court Decision Broadens Federal Appellate Review of Remand Orders in a Blow to Plaintiffs Bringing Nuisance Actions in Climate Change Cases

July 2021

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 10

On May 17, 2021, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore finding that federal Courts of Appeals may review all theories when considering an appeal of a U.S. District Court’s remand order. This is one of the several active cases filed against fossil fuel companies claiming damages resulting from the companies’ negative impacts on climate change.

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