A newly filed motion in the Southern District of Florida puts a threshold issue front and center: whether the federal court has power to hear the case at all. In Defendant's MOTION to Dismiss for Lack of Jurisdiction 136 Amended Complaint/Amended Notice of R ..., filed April 27, 2026, the defendant challenges the operative amended pleading on jurisdictional grounds, asking the court to dismiss before the case proceeds further on the merits.

At a high level, this kind of motion seeks dismissal under the court’s limited jurisdictional authority, arguing that the amended complaint—or related amended notice—fails to establish a proper basis for federal adjudication.

The U.S. Supreme Court has agreed to hear a closely watched dispute over whether state and local governments can continue pursuing climate-change tort claims against oil and gas companies in state court. The case arises out of Colorado litigation brought by local governments seeking to recover damages tied to alleged climate impacts, including costs associated with extreme weather, wildfire risk, and other harms.

At the center of the fight is a recurring threshold issue in climate-liability litigation: forum.