The federal district court for the Northern District of California remanded to state court the lawsuits brought by the Counties of San Mateo and Marin and the City of Imperial Beach against fossil fuel companies for damages arising from climate change. Citing the Supreme Court’s and Ninth Circuit’s decisions that the Clean Air Act displaced federal common law claims seeking abatement of greenhouse gas emissions (American Electric Power Co. v. Connecticut) and federal common law claims seeking damages for defendants’ contributions to climate change (Native Village of Kivalina ExxonMobil Corp.), the district court concluded that the Clean Air Act also displaced federal common law in these three cases. The court disagreed with the determination in the Oakland and San Francisco cases that federal common law could apply to the claims in these cases because the claims were materially different from the damages claims in Kivalina. The court stated: “Simply put, these cases should not have been removed to federal court on the basis of federal common law that no longer exists.” The court also rejected other bases for removal, including the doctrine of complete preemption; jurisdiction based on the presence of a specific issue of federal law that must necessarily be resolved to adjudicate state law claims (Grable jurisdiction); and specialized statutory provisions cited by the defendants (the Outer Continental Shelf Lands Act, federal officer removal, and bankruptcy removal). The court stayed the remand order for 42 days.

Action by California counties and cities seeking damages and other relief from fossil fuel companies for sea level rise. 

County of San Mateo v. Chevron Corp.

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California Federal Court Remanded San Mateo, Marin, and Imperial Beach Climate Cases to State Court

Filed

United States of America

California

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