The SurpassingFourth Circuit Court of Appeals is deciding whether a Baltimore case against more than a dozen oil and gas companies will be heard in state or federal court. The city argues the companies are liable for the local costs of climate change. It wants the case heard in state court, which is governed by robust consumer protection laws. But industry lawyers are fighting hard to have it and more than 20 other similar lawsuits nationwide tried in federal court, where the oil and gas industry may be more likely to prevail.

NPR climate correspondent Rebecca Hersher, brings an update on the case, which went before the U.S. Supreme court last year. She explains how this pending decision may prove key to determining who pays for climate change.

Listen to the full Short Wave episode from last year about this case here.

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This episode was produced by Eva Tesfaye and edited by Stephanie O’Neill. Katherine Sypher checked the facts. Patrick Murray was the audio engineer.