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Four of them – the 2nd, 5th, 6th, and District of Columbia Circuits – have answered in the affirmative. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.” Does Klaxon apply?
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. District of Columbia v. Exxon Mobil Corp. , 1:20-cv-01932 (D.D.C.): Delaware v.
Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. Living Rivers v. Hoffman , No. 4:19-cv-00057 (D.
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