The federal district court for the Northern District of California granted California, New Jersey, and Washington’s request to submit an amicus brief in support of Oakland and San Francisco’s opposition to fossil fuel companies’ motion to dismiss their climate change public nuisance suit. The three states characterized their brief as focusing on “a subset of issues where our States are in a position to offer a fuller picture of the case law and relevant statutes and regulations.” First, they contested the position of the fossil fuel companies and other amici states advocating for dismissal of the lawsuits that Oakland and San Francisco’s complaints asserted non-justiciable political questions. They also said that the complaints did not threaten state climate programs or jeopardize cooperative federalism. They also argued that the public nuisance alleged by Oakland and San Francisco was not authorized by law, that the Clean Air Act did not displace the public nuisance claims, and that the relief sought by the cities would not constitute extraterritorial regulation in violation of the dormant Commerce Clause.

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

City of Oakland v. BP p.l.c.

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Three States Filed Amicus Brief Opposing Dismissal of Oakland and San Francisco Climate Change Nuisance Suits

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

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Three States Filed Amicus Brief Opposing Dismissal of Oakland and San Francisco Climate Change Nuisance Suits

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience