In their brief opposing certiorari, the cities framed the questions presented as “[w]hether a California state law public nuisance claim alleging wrongful and deceptive promotion of hazardous consumer goods ‘arises under’ a congressionally displaced body of federal common law regarding interstate air pollution for purposes of removal jurisdiction” and “[w]hether respondents waived their right to appeal an erroneously denied remand motion by filing an amended complaint to conform to that erroneous ruling while expressly preserving their appellate rights, and then opposing petitioners’ motion to dismiss that amended complaint.” The cities argued that no existing federal common law “governs” their claims under the California representative public nuisance law, and that the Ninth Circuit’s application of the well-pleaded complaint rule did not warrant review. The cities also contended that the Ninth Circuit’s application of the Court’s precedent concerning whether post-removal amendment of complaints waived objections did not warrant review. In addition, the cities argued that the questions were not “certworthy” because they “arise in only a tiny category of cases” and because the petition was a “poor vehicle” to review the questions since there had been no final determination on the jurisdictional issue raised.

Public nuisance actions brought by City of Oakland and City of San Francisco against fossil fuel companies.

Chevron Corp. v. City of Oakland

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Chevron Corp. v. City of Oakland - brief

Filed

United States of America

California

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Chevron Corp. v. City of Oakland - brief

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector