U.S. Court of Appeals for the Second Circuit

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Second Circuit affirms dismissal of tort climate change lawsuit brought by New York City

April 01, 2021

The Second Circuit affirmed the dismissal of all claims. First, the court held that global warming calls for the application of federal, not state, law because climate change is a uniquely international problem. As a matter of federal law, the court then held that the Clean Air Act grants EPA – not federal courts – authority to regulate domestic greenhouse gas emissions, and that claims based on foreign emissions may not proceed under federal law, either.

U.S. Chamber files amicus brief urging Second Circuit to affirm judgment dismissing state law public nuisance claims against energy companies

February 13, 2019

Click here to view the Chamber’s amicus brief, which argues that the City’s claims are preempted by federal law and would constitute unconstitutional extraterritorial regulation if they were to proceed.

Peter D. Keisler, C. Frederick Beckner, Ryan C. Morris, and Tobias S. Loss-Eaton served of Sidley Austin LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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