Comer v. Murphy Oil USA, Inc.

HIGGINSON, Circuit Judge:

A group of Mississippi Gulf Coast residents and property owners (“Plaintiffs”) alleged that emissions by energy companies (“Defendants”) contributed to global warming, which intensified Hurricane Katrina, which, in turn, damaged their property. The district court dismissed their claims with prejudice. A panel of this court reversed, in part, the district court’s dismissal. Before mandate could issue, a majority of this court’s active, unrecused judges voted for rehearing en banc. After the en banc vote, but before rehearing, an additional judge was recused. This court…