New York City seeks to overturn preemption ruling in climate nuisance suit

New York City has filed an opening brief in its bid to reverse a district court's dismissal earlier this year of its climate nuisance suit against major oil companies, arguing the district court erred in several significant ways, including its finding that the suit is preempted by the Clean Air Act. “Congress did not include any express preemption statement in the Clean Air Act,” the city charged in a Nov. 8 brief . “Nor is Congress’s regulatory scheme sufficiently comprehensive...