In Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.), No. 19-1330, 2020 WL 3777996 (10th Cir. July 7, 2020), the Tenth Circuit joined the majority of circuit courts that have addressed the “except” clause in 28 U.S.C. §1447(d). The appellate court confirmed that an appeal of a district court’s remand order under U.S.C. §1447(d) is limited to removal issues under 28 U.S.C. §1442 and §1443, not plenary review of all issues addressed in the remand order.
Colorado Counties Sue Oil Companies in State Court for Allegedly Contributing to Global Warming
Three Colorado counties sued Suncor Energy and ExxonMobil in state court, alleging that the counties “face substantial and rising costs to protect people and property within their jurisdictions from the threat of global warming, including from increasing and intensified heat waves, wildfires, droughts, and floods across Colorado.” Id. at *1. They alleged that the defendant oil companies, “[f]or decades after becoming aware of the dangers of global warming,” nonetheless “continued to produce, promote, refine, market, and sell fossil fuels at levels that caused and contributed to negative climate alteration without disclosing the harms posed by continued fossil fuel overuse.” Id. Based on that conduct, the counties raised claims for public and private nuisance, trespass, unjust enrichment, civil conspiracy, and violation of the Colorado Consumer Protection Act.
