Appellate Court Finds Clean Air Act Preempts NYC Climate Nuisance Suit

April 1, 2021
Correction Appended In a major win for industry groups, a federal appellate court has for the first time upheld a district court decision that a climate nuisance suit brought by a municipality against oil companies is preempted by the Clean Air Act – a decision that comes as the Supreme Court is reviewing another climate nuisance case on procedural grounds. “The question before us is whether municipalities may utilize state tort law to hold multinational oil companies liable for...

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