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“Exxon Says Boulder Climate Case Aims to Reshape Energy Policy”

“Federal judges are weighing the fate of a high-stakes climate lawsuit in Colorado, one of many cases taking aim at fossil fuel companies for their role in global temperature rise.

During oral arguments Wednesday before the U.S. Court of Appeals for the Tenth Circuit, Exxon Mobil Corp. argued that litigation from Boulder, Colo., and other local governments shouldn’t proceed in state court.

The hearing is the latest in climate litigation ping-pong, as local governments and energy companies spar over the proper venue—state court or federal court—for allegations that the industry should pay for local damages associated with climate change.

Boulder County, the city of Boulder, and San Miguel County sued oil and gas companies in state court in 2018. Industry lawyers pushed the case to a federal court, which sent it back to the state level. The Tenth Circuit is reviewing that decision.”

Ellen M. Gilmer reports for Bloomberg Environment May 6, 2020.