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8th Circuit Zeroes in on Federal Nature of Minnesota Climate Lawsuit

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  • Mar 28, 2022

A panel of justices on the 8th Circuit Court of Appeals probed attorneys about the federal nature of Minnesota’s climate lawsuit during oral arguments last week over whether the case should be heard in federal or state court.

It was an embarrassing performance for the Minnesota attorney general’s office, with the headline from Bloomberg declaring “Minnesota’s Claims In Climate Case Appeal Draw Skepticism,” while E&E News observed: “Judges Grill Minn. In Climate Liability Fight.”

During arguments, the panel – consisting of Judges Leonard Steven Grasz, David R. Stras, and Jonathan A. Kobes – appeared unconvinced by the state jurisdiction arguments presented by Sher Edling’s Vic Sher, who argued on behalf of the attorney general’s office. Sher Edling represents roughly two dozen states and municipalities in their climate lawsuits against energy companies.

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