federal jurisdiction
A Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
CONTINUE READINGSuing Big Oil
Which court has jurisdiction? State court or federal?
Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they …
Continue reading “Suing Big Oil”
CONTINUE READINGSore Winners
The government has filed a cert. petition in an environmental case (EPA v. Friends of the Everglades) with a really interesting procedural wrinkle. There’s more background about the case after the jump, but you don’t really need the details to understand the main issue. Here’s what you do need to know: 1. After EPA issued …
Continue reading “Sore Winners”
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