On Thursday, a unanimous panel of the U.S. Court of Appeals for the Eighth Circuit rejected arguments by fossil fuel companies that state-law-based tort claims concerning climate change should be heard in federal court. On this basis the panel in Minnesota v. American Petroleum Institute affirmed the district court's remand of the case to state court.
Judge Kobes wrote for the court, joined by Judges Grasz and Stras, making quick work of the various arguments for removal. The arguments here are straight-forward, and align with the conclusions of the five other federal circuit courts to have considered such claims (the 1st, 3rd, 4th, 6th, and 9th Circuits). [This post is long, so the rest is below the jump.]
Of particular interest (to me at least) the Court explained why the oil companies were mistaken to argue that state-law-based climate change claims are completely preempted by federal law. (Note that to justify removal, the defendant oil companies have to demonstrate complete preemption of the state law claims, not mere federal preemption, and this is a higher hurdle to clear.)
