Climate litigation threat lurks behind twisty case

A federal court case on which may depend a serious litigation threat to oil and gas companies and other emitters of greenhouse gases now has nowhere to go except the US Supreme Court.The case is Comer v. Murphy Oil, in which the US Court of Appeals for the Fifth Circuit found that a class of Mississippi plaintiffs had standing to allege they were damaged by defendants' greenhouse gas emissions, which contributed to climate change that increased the damaging effects of Hurricane Katrina.1 Its upward climb through the judicial system was temporarily halted when the Fifth Circuit withdrew its original opinion and scheduled an en banc rehearing—involving all rather than a panel of judge...

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