In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado counties should nonetheless still be heard in state court. The most important issue in the case was whether the Clean Air “completely preempted” state law claims. … More
Tag Archives: Removal
State Climate Suits Really, Really, Belong in State Court When They Allege Misleading Statements To Investors
On Thursday, there was yet another opinion addressing whether state and local climate suits belong in state or federal court. This time, Judge William Young issued an opinion explaining his March bench decision to remand Massachusetts’ case against ExxonMobil to state court. 
The Massachusetts case for remand was easier than in the cases seeking a remedy for climate change. The Massachusetts case does not make nuisance claims or seek a substantive remedy for the impacts of climate change. … More
When Does the Statute of Limitations Run on CERCLA Claims? No, Never? Well, Hardly Ever
In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan. It is very difficult to blow the statute of limitations in CERCLA cases.
The question before the court was whether New York could recover from PRPs the cost of a granulated activated carbon (GAC) system and an air stripper tower,… More