Maine's lawsuit against giant oil companies for allegedly concealing the climate damage of their products will be continued in state court after a judge rejected companies' attempts to move it to a federal venue.
In a Sept. 29 ruling, U.S. District Court Judge Nancy Torresen said defendants including Chevron and Exxon-Mobil were rehashing the same arguments used for years in attempts to move similar lawsuits out of state court to a more favorable federal jurisdiction.
Moreover, the companies should have to pay Maine's costs for the "improper" legal detour into federal court, Torresen added.
"They have presented slightly—and cleverly revised — versions of the same removal arguments to at least a dozen federal courts across the country. And those courts have unanimously rejected the Defendants’ arguments and instead have granted remand," Torresen said.
Maine sued the companies last year, alleging they misled consumers by continuing to sell products they knew would damage the climate. Scientists overwhelmingly agree that burning fossil fuels is warming the planet which contributes to more extreme and dangerous weather.
In a statement, Attorney General Aaron Frey said he appreciated the federal court's thorough analysis and decision to send the case back to Cumberland County court.
"Enough with the delays, Mainers deserve their day in court to hold the defendants accountable for the high costs of surviving the impacts of their deception," Frey said.
Richard Wiles, president of the Center for Climate Integrity, said the Maine case was another loss for the oil industry's quest to move multiple state and local climate lawsuits to federal court. But Torresen's order for defendants to pay the state's cost for its attempted repeat of a failed legal strategy is a new development, Wiles added.
The center supports litigation against oil companies.
"In our view it is about time that a judge called out the industry in what is obviously an abuse of the judicial system to try and get these cases delayed and try to delay the states’ day in court," he said.
In a statement, the American Petroleum Institute trade group said the state lawsuits were a coordinated campaign against "an industry that powers everyday life, drives America’s economy, and is actively reducing emissions."
"We continue to believe that climate policy belongs in Congress, not a patchwork of courtrooms," said general counsel Ryan Meyers.
