ELR Citation: 52 ELR 20119
No(s). C 17-06011 WHA and C 17-06012 WHA (N.D. Cal. Oct 24, 2022) (Alsup, J.)

A district court on remand granted San Francisco's and Oakland's motion to remand to state court the cities' lawsuits alleging that six oil companies produce and promote products that create a public nuisance—sea-level rise—when combusted. The court previously denied the motion, finding that evaluating responsibility for the impacts of global warming was a political issue, and not one for the courts to decide. The Ninth Circuit vacated that denial, finding the district court erred in concluding it had jurisdiction because the cities' claim failed to raise a substantial federal question and was not completely preempted by the CAA; it remanded to the district court to determine whether there was an alternative basis for federal jurisdiction. On remand, the district court found the companies' alternative bases for federal jurisdiction—Outer Continental Shelf Lands Act, federal enclave, Grable, federal officer removal—failed in light of the appellate court's recent rejections of the same contentions in County of San Mateo v. Chevron Corp. and City & County of Honolulu v. Sunoco LP. It granted the cities' motion to remand.