The U.S. Court of Appeals for the D.C. Circuit is the most recent federal appellate court to deal a procedural blow to major energy companies facing lawsuits over alleged deception regarding the impact of their products on climate change. These landmark suits have accused industry giants such as Exxon Mobil, Shell, BP, and Chevron of misleading consumers about the supposed climatic effects of their products.
On a recent ruling, a panel of three judges decided to send the District of Columbia’s lawsuit against these four major oil companies back to the state court. This decision underscored that the claims made in the lawsuit hinge solely on D.C.’s Consumer Protection Procedures Act. As part of their defense, the energy conglomerates had made a case that these allegations were preempted by the federal common law of interstate air pollution.
However, U.S. appeals courts have uniformly dismissed the companies’ interpretation and reliance on said federal common law. In doing so, the courts have indicated that these climate deceit lawsuits against the oil majors are rightly placed within the jurisdiction of state courts, rejecting the narrative that these would somehow fall under federal purview.
For an overview of the latest appellate court decision and further insight into these ongoing lawsuits, you can refer to the recent article published by the National Law Journal.