On January 19, 2021 the U.S. Supreme Court heard oral argument in BP v. Baltimore, a case in which ALF filed an amicus brief arguing that climate-change damages suits belong – if anywhere – in federal, not state, courts. The case involves a procedural issue which has significant implications regarding whether climate-change suits filed by state or local governments can be transferred by energy company defendants from state to federal courts. Read more case background here.
ALF Senior Vice President & General Counsel Larry Ebner, who authored the Foundation’s brief, is quoted in two Inside Climate News articles. In the first article, which previewed the Supreme Court hearing, Larry was quoted as follows:
Larry Ebner, an attorney for the Atlantic Legal Foundation, an organization promoting free enterprise that filed a friend of the court brief supporting the oil and gas industry, said that the case is not just about the scope of appellate review.
“The more fundamental question is whether climate-change tort suits belong in the federal court system, or in 50 separate and different state court systems,” he said.
“The city cannot pretend that its climate change allegations are local in nature. The city’s alleged causes of action are unavoidably nationwide or global in scope.”
In the second article, published shortly after the Supreme Court hearing, Larry was quoted again:
“The Justices know that their ruling in this case may have tremendous influence on the course of pending and future climate change suits brought by state and local governments,” Larry Ebner, an attorney for the Atlantic Legal Foundation, which also filed a pro-industry amicus brief, said in an interview.
ALF’s amicus brief in the case aligns with one of the Foundation’s missions – advocating for civil justice in key cases that affect free enterprise. Larry indicated that a decision in the Baltimore case is expected prior to the end of June.
