The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change
Law Columbia
APRIL 23, 2021
On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. It is true that the Clean Air Act only authorizes direct regulation of domestic emissions.
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