Judges Grapple with ‘Radical’ Federal Expansion in Climate Cases

An East Coast circuit panel on Tuesday wrestled with issues of federal preemption, jurisdiction, and more as it heard arguments in consolidated climate change cases out of Delaware and New Jersey.

Judges from the U.S. Court of Appeals for the Third Circuit were the latest appellate adjudicators to hear arguments in two climate change cases looking to hold oil and gas companies such as Chevron Corp. and Royal Dutch Shell PLC accountable for an alleged overconsumption of fossil fuels.

The case is an appeal of a lower court decision to toss the cases back to state courts, where they could ...