ELR Citation: 55 ELR 20040
No(s). 2:24-cv-157 (W.D. Wash. Mar 26, 2025) (Whitehead, J.)

A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, arguing the tribes' status limited their right to bring state-law claims in state court. The tribes moved to remand. The court found the tribes' claims neither asserted aboriginal title under federal common law nor presented substantial and disputed federal questions where resolution in federal court would preserve the congressionally approved balance of federal and state judicial responsibilities; and thus that it lacked removal jurisdiction over the claims. It remanded the suit to state court for further proceedings.