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BP, Exxon Must Fight Delaware Climate Case in State Court (1)

Jan. 5, 2022, 11:19 PMUpdated: Jan. 6, 2022, 2:01 PM

A district judge removed Delaware’s climate liability lawsuit to state court on Wednesday, dealing another blow to BP PLC, Exxon Mobil Corp. and other oil giants trying to keep climate cases in federal courts.

Judge Leonard Stark of the U.S. District Court for the District of Delaware called industry attempts to prove that the state’s claims belong under federal jurisdiction “unpersuasive.”

“The Court agrees with Plaintiff that federal common law cannot create federal jurisdiction to support removal here, irrespective of whether Plaintiffs claims are ‘federal in nature,’” Stark wrote in his opinion.

Companies targeted in the lawsuit tried to ...