Municipalities Tell Appeals Court Recent CERCLA Ruling Supports Remand

(April 29, 2020, 2:22 PM EDT) -- SAN FRANCISCO — A number of California counties and the city of Imperial Beach, Calif., followed the lead of the city of Oakland by telling the Ninth Circuit U.S. Court of Appeals in an April 27 letter that a recent U.S. Supreme Court ruling that affirmed the Montana Supreme Court’s decision that landowners’ state law claims did not raise federal issues under the Comprehensive Environmental Response, Compensation and Liability Act supports their argument that their lawsuits over climate change-related infrastructure damage does not implicate federal law or the Clean Air Act (CAA) (San Mateo v. Chevron Corp., No. 18-15499, Imperial Beach v. Chevron Corp., No. 18-15502, Marin v. Chevron Corp., No. 18-15503, Santa Cruz v. Chevron Corp., No. 18-16376, 9th Cir.)....