As petitions asking the U.S. Supreme Court to review whether climate lawsuits against American energy companies belong in federal or state court continue to stack up, a federal appellate judge has called on the high court to get involved.
The U.S. Court of Appeals for the 8th Circuit issued a long-anticipated ruling on the jurisdictional question yesterday in Minnesota’s climate lawsuit. And although the three-judge panel ultimately found that the case should move forward in state court, one judge “argue[d] the circuits essentially are handcuffed by precedent and call[ed] on the Supreme Court to give them more latitude by siding with the oil company defendants,” as Politico reports.
In a concurring opinion, Judge David Stras explained that although he agreed with the other judges in finding that – under current law – Minnesota’s lawsuit doesn’t belong in federal court, he wanted to “write separately … to explain why it should.”
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