The U.S. Court of Appeals for the D.C. Circuit has become the latest federal appellate court to deliver a procedural loss for major energy companies in lawsuits accusing them of deceiving consumers about their products’ effects on climate change.

A three-judge panel Tuesday sent the District of Columbia’s lawsuit against Exxon Mobil, Shell, BP and Chevron back to state court, holding that the complaint relies solely on D.C.’s Consumer Protection Procedures Act and is not preempted—as the companies argued—by federal common law of interstate air pollution.