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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

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.”

Casing 52
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Sierra Club Asks Court to Ban Use of Legacy DOT-111 Tank Cars

The Energy Law

The NGOs acknowledge that most “unreasonable delay cases” entail lengthier delays involving rulemaking proceedings that take years to complete, but argue that their petition is unique and different because it seeks an “emergency action” to abate an imminent hazard that cannot wait for a rulemaking because “lives are at stake.”