Case Updates
First Circuit affirms remand of climate nuisance action to state court, holding that none of the grounds for removal gives rise to federal removal jurisdiction
May 23, 2022
Click here to view the opinion.
U.S. Chamber files supplemental amicus brief arguing that federal common law claims regarding the effects of global climate change are removable to federal court even if the plaintiff fails to acknowledge the federal nature of its claims
July 29, 2021
Click here to view the brief. William M. Jay and Andrew Kim of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Supreme Court remands case to First Circuit
May 24, 2021
The case is remanded to the First Circuit for further consideration in light ofBP p.l.c. v. Mayor and City Council of Baltimore, 593 U. S. ___ (2021).
First Circuit affirms remand to state court in climate nuisance case, holding that the federal officer removal statute does not apply and that the district court lacked authority to review additional grounds for removal at this stage
October 29, 2020
Click here to view the opinion.
U.S. Chamber files amicus brief in public-nuisance case against energy companies urging First Circuit to reverse district court’s remand order and accept federal jurisdiction
November 27, 2019
Click here to view the Chamber’s amicus brief. Peter D. Keisler and Tobias S. Loss-Eaton of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- U.S. Chamber Amicus Brief -- State of Rhode Island v. Shell Oil Products Co. (First Circuit).pdf
- Opinion -- State of Rhode Island v. Shell Oil Products Co. (First Circuit).pdf
- U.S. Chamber Amicus Brief (Supplemental) -- State of Rhode Island v. Shell Oil Products Co. (First Circuit).pdf
- Opinion (II) -- State of Rhode Island v. Shell Oil Products Co. (First Circuit).pdf