No. 22-524

Shell Oil Products Co., L.L.C., et al. v. Rhode Island

Lower Court: First Circuit
Docketed: 2022-12-06
Status: Denied
Type: Paid
Amici (2)Relisted (2) Experienced Counsel
Tags: climate-change federal-common-law federal-jurisdiction greenhouse-gas-emissions preemption public-nuisance removal state-law-claims subject-matter-jurisdiction transboundary-harm
Key Terms:
AdministrativeLaw Environmental
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether federal district court has jurisdiction over state-law claims for injuries caused by transboundary greenhouse gas emissions

Question Presented (from Petition)

QUESTION PRESENTED Whether a federal district court has jurisdiction under 28 U.S.C. § 1331 over nominally state-law claims seeking redress for injuries allegedly caused by the effect of transboundary greenhouse gas emissions on the global climate, on the ground that federal law necessarily and exclusively governs such claims.

Docket Entries

2023-04-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-02-27
Rescheduled.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
Reply of petitioner Shell Oil Products Company LLC filed. (Distributed)
2023-02-06
2023-01-05
Brief amicus curiae of The National Association of Manufacturers filed.
2023-01-05
2022-12-21
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2023.
2022-12-21
Blanket Consent filed by Petitioner, Shell Oil Products Company LLC
2022-12-20
Motion to extend the time to file a response from January 5, 2023 to February 6, 2023, submitted to The Clerk.
2022-12-16
Blanket Consent filed by Respondent, Rhode Island
2022-12-02
Petition for a writ of certiorari filed. (Response due January 5, 2023)
2022-09-16
Application (22A233) granted by The Chief Justice extending the time to file until December 4, 2022.
2022-09-15
Response to application from respondent Rhode Island filed.
2022-09-13
Application (22A233) to extend the time to file a petition for a writ of certiorari from October 5, 2022 to December 4, 2022, submitted to The Chief Justice.

Attorneys

Energy Policy Advocates
Matthew Daniel HardinHardin Law Office, Amicus
Matthew Daniel HardinHardin Law Office, Amicus
Rhode Island
Victor M. SherSher Edling LLP, Respondent
Victor M. SherSher Edling LLP, Respondent
Shell Oil Products Company LLC
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
The National Association of Manufacturers
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus
Philip S. GoldbergShook Hardy & Bacon LLP, Amicus