Potential SCOTUS Decision Mandating Climate Change Litigation Only in Federal Courts

Earlier this week, the opening brief in a climate change action was filed in the Supreme Court.  Although the issue before the Supreme Court is a technical one concerning the scope of appellate review for orders remanding cases to state court, the fossil fuel company defendants have effectively asked the Supreme Court to weigh in on whether climate change litigation may only be brought under federal law in federal court.  

If climate change litigation may only be brought in federal court--widely considered to be a more favorable venue than state courts for fossil fuel producers--then the current wave of climate change litigation based on public nuisance law and similar claims will encounter an additional significant hurdle. 

Even if the Supreme Court does not reach the issue of whether only federal court is the proper venue for such claims, the reasoning in the decision--and any concurrences or dissents--may provide useful indications for how the Supreme Court will address such issues in the future. 

This case is certainly one to watch going forward.