Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court
The Energy Law
JUNE 2, 2020
On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. Darue Engineering & Manufacturing, 545 U.S. Removal is also allowed “where federal law completely preempts a plaintiffs’ state-law claim.”
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