May 7, 2020

Less than two weeks after the U.S. Supreme Court handed down its decision in Atlantic Richfield Co. v. Christian, the scope of the ruling is before the First and Ninth circuits. On April 28, 2020, Rhode Island and several California counties argued that Atlantic Richfield supported efforts to remand to state court lawsuits filed against energy producers seeking relief based on alleged contributions to climate change. Although these lawsuits do not address the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — the statute at issue in Atlantic Richfield — the states’ supplemental filings assert that the Court’s jurisdictional holding means that these claims should proceed in state court. (more…)

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