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There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.
Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions. The remaining question, then, is whether Section 115 preempts state law claims for some other reason. Michael Burger is the Executive Director of the Sabin Center and a Senior Research Scholar at Columbia LawSchool.
He has donated to the Federalist Society and given millions of dollars to groups dedicated to tort reform and conservative jurisprudence. Crow’s foundation also gave $105,000 to Yale LawSchool, Thomas’ alma mater, for the “Justice Thomas Portrait Fund,” tax filings show. Thomas has even used the plane for a three-hour trip.
The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. Connecticut , 564 U.S. The Second Circuit cited American Electric Power Co.
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