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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. Implications Moving Forward The Ninth Circuit’s decision regarding the scope of its appellate review under 28 U.S.C. 3d 805 (7th Cir.