Earlier this month, I explained why federal circuit courts have been correct to reject energy company attempts to remove various cliamte change cases to federal court, and suggested these suits are not cert worthy. A few days later, the U.S. Court of Appeals for the D.C. Circuit affirmed my view in a clear and concise opinion by Judge Neomi Rao.
In my earlier post, I criticized arguments made by former Attorney General William Barr and AEI's Adam White in support of certiorari in American Petroleum Institute v. Minnesota, a case currently under consideration at One First Street. AG Barr has now responded, and I reproduce his reply below, along with my brief rejoinder.
I am grateful to Professor Jonathan Adler for agreeing to publish my response to his blog post on API v. Minnesota, a case pending before the Supreme Court.
