Environmental & Energy,
9th U.S. Circuit Court of Appeals
May 28, 2020
Climate change lawsuits belong in state court
On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy companies are not entirely preempted by the federal Clean Air Act, but that they must be brought in state and thus not federal court.
Myanna Dellinger
University of South Dakota School of LawEmail: myanna.dellinger@gmail.com
Myanna Dellinger, J.D., M.Sc., Ph.D candidate, is an online and onsite professor of law with the University of South Dakota School of Law. She lives in Los Angeles. She is the winner of the best legal article of the year Award by the Environmental Law Reporter.
On May 26, the 9th U.S. Circuit Court of Appeals held in two separate opinions that lawsuits for damages to infrastructure caused by energy companies are not entirely preempted by the federal Clean Air Act, but that they must be brought in state and thus not federal court.
In the City of Oakland v. BP PLC, et al., 2020 DJDAR 4811, the city of Oakl...
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