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In 2018, the City of Baltimore filed climate change litigation in state court against multiple energy companies seeking damages from the impact of climate change. The energy companies moved the lawsuit to federal court, arguing it was the proper venue; however, the U.S. District Court for the District of Maryland disagreed and ruled the case belonged in state court. The Fourth Circuit Court of Appeals in Richmond, Virginia affirmed the lower court’s decision and the energy companies appealed to the United States Supreme Court. Last October, the justices granted their petition for writ of certiori requesting review of the Fourth Circuit’s ruling remanding the case to state court. Oral arguments are set for Tuesday, January 19th.
Indiana Solicitor General Tom Fisher joins us to preview this pivotal hearing, the implications for similar litigation around the country and his role in leading a 15-state coalition that is taking a stand against climate change litigation.