ClimateChange-ClimateLaw

JULY 2, 2021

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. Connecticut v. 21-01752 (8th Cir.).

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ClimateChange-ClimateLaw

APRIL 23, 2021

The court correctly noted that, under the Supreme Court’s holding in American Electric Power v. Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Connecticut v. After the Supreme Court’s decision in BP p.l.c.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Connecticut , 564 U.S. The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. The Second Circuit cited American Electric Power Co.

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