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Federal Court in RhodeIsland Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of RhodeIsland for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. State court proceedings in RhodeIsland’s case were put on hold in August pending the U.S.
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