Delaware Court Finds Climate Nuisance Claims Preempted By Clean Air Act

A state court is Delaware is partially granting the oil industry’s motion to dismiss the state’s climate nuisance lawsuit after finding many claims in the litigation are preempted by the Clean Air Act (CAA), a key victory for the industry after it lost a years-long battle to move this and similar cases to its preferred venue of federal courts. The Superior Court of Delaware is the first state court to issue such a finding, as multiple nuisance claims against oil...