9th Circ. Says Climate Suits Belong In State Court

Law360 (May 26, 2020, 12:34 PM EDT) -- Chevron Corp. and other fossil fuel companies may have to face suits by California cities and counties seeking climate change-related infrastructure damages in state court after the Ninth Circuit said Tuesday that the cases don't raise issues of federal law.

A Ninth Circuit panel vacated a district court's dismissal of claims lodged by Oakland and San Francisco, saying the cities' suit asserting state-law nuisance claims against energy companies wasn't completely preempted by the Clean Air Act. It remanded the case to the district court.

The same panel also said that another federal district court correctly held that it lacked jurisdiction over...

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