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In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, RhodeIsland, South Carolina, and Vermont. The plaintiffs strategically pled state law claims and refrained from adding federal causes of action to their cases.
Supplemental Appellate Briefing Continued on Removal Issues in Baltimore and RhodeIsland Cases; Fossil Fuel Companies Moved to Dismiss King County’s Case in Washington Federal Court. In RhodeIsland’s case, briefing also continued in the companies’ appeal of the remand order. RhodeIsland v.
State court proceedings in RhodeIsland’s case were put on hold in August pending the U.S. Supreme Court’s and RhodeIsland Supreme Court’s consideration of personal jurisdiction issues in unrelated cases. RhodeIsland v. Shell Oil Products Co. , No 19-1818 (1st Cir. The plaintiffs plan to appeal.
In December 2020, three additional petitions for writ of certiorari were filed by fossil fuel companies seeking review of decisions affirming remand orders in cases brought by the County of San Mateo and other California local governments, by RhodeIsland, and by the City of Boulder and Boulder and San Miguel Counties in Colorado.
The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. In RhodeIsland’s case, the First Circuit ordered the parties to file additional briefs addressing the impact of the Supreme Court’s decision.
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