On December 22, 2017, the defendants filed papers opposing the plaintiffs’ motion to remand the actions to California state court. Their opposition papers argued that the plaintiffs’ claims could only arise under federal common law, that they raised substantial and disputed federal issues, that they were completely preempted by federal law, and that the claims were based on the defendants’ actions on federal lands and at the direction of the federal government or were removal under the bankruptcy removal statute. The defendants also made an alternative argument that even if plaintiffs were correct that state law applied to global climate change “of its own force,” the complaints still presented removable federal questions because federal law determined which state law should apply and when state law should apply. A hearing was scheduled for February 15, 2018 on the remand motion.

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.

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Federal Court to Hear Arguments on February 15 on Whether to Remand

Filed

United States of America

California

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives