Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case – Update from Manko Gold Katcher Fox

November 13, 2025

Reilly Wright, Esq.

MGKF Litigation Blog

On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for advancing “absurd” arguments in opposing the City’s motion to remand to state court its suit for deceptive practices connected to climate change. City of New York v. Exxon Mobil Corp., No. 24-1568-CV (2d Cir. Oct. 3, 2025). This decision demonstrates that while parties may, at times, find success in advancing arguments that have been rejected by other courts, there are risks to advancing such arguments, including the risk of sanctions.

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