United States
State Law Climate Damage Claims (Still) Reside in State Court
To print this article you only need to sign up or login on Mondaq.com
The first appellate decision to resolve the issue since the
Supreme Court decision in BP P.L.C. v. Mayor & City Council
BaltimoreThe 10ThCircuit ruled this WeekThat
Climate damage claims brought forward by several Colorado counties need to be addressed
However, they can still be heard in the state court. The most important issue
In the case, the Clean Air was “completely
“preempted” state-law claims. The Court ruled that it did
not.
I remain skeptical that justices are as apolitical than the Court.
I believe that all political parties would have us believe.
Think of the 10ThCircuit did it right, and I would too.
Both sides hope and expect SCOTUS will agree. This is my favorite part.
The decision was made by GOP-appointed justices who believe in the Constitution.
Federalism should be possible to support:
The Energy Companies assert that the Municipalities “aim for” to be energy-efficient.
State tort law allows them the opportunity to achieve what they couldn’t do in the
Federal legislative and regulatory process – namely, a determination
That [the Energy Companies’]Activities are not reasonable.”
This is a description of the federalist system.
Reason to override state sovereignty
This decision has a big takeaway: It links to West Virginia v. EPA, on the SCOTUS
docket for this term. As I noted last month, the Edison Electric
Institute filed an amicus brief in support of EPA’s decision in this case.
authority to regulate greenhouse gasses under the Clean Air Act. If
SCOTUS concludes that the CAA does in fact not provide such authority.
It is likely that it will soon be argued federal common law actions have
a CAA authority has not been able to revive them. This would raise awareness.
questions about state common laws. Then we would be complete
Circle and we could have another round procedural litigation.
Instead of getting to the merits, these types of claims should be avoided.
I am not sure if these claims have merits.
This is the view that I held a few years back. They look like
Dead-cert losers, much like same-sex cases and tobacco cases
They will continue to appear like losers until they resolve the marriage litigation
They suddenly become nonexistent.
View Foley Hoag’s Law and the Environment Blog
Please click
Here
The purpose of this article is to provide a general overview.
guide to the subject matter Expert advice should be sought
Discuss your specific circumstances.
POPULAR ARTICLES ABOUT THE ENERGY FROM THE USA