"A federal appeals court yesterday agreed to keep a Colorado lawsuit before a state bench, delivering a victory to local governments suing fossil fuel companies for climate impacts.

The ruling by the 10th U.S. Circuit Court of Appeals is the first test of a Supreme Court decision last May that sent a host of climate liability cases back to appellate judges with instructions to consider a broader range of factors when deciding whether the challenges should be heard in state or federal court.

Judges of the 10th Circuit rejected all six of the oil firms’ claims to move the case to federal court, where industry may face better odds.

Boulder and two counties suing Suncor Energy Inc. and Exxon Mobil Corp., Judge Carolyn McHugh wrote, “do not allege any federal claims.”"

Lesley Clark reports for E&E News February 9, 2022. [2]