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2020 U.S. App. LEXIS 16644 *; 50 ELR 20124
CITY OF OAKLAND, a Municipal Corporation, and The People of the State of California, acting by and through the Oakland City Attorney; CITY AND COUNTY OF SAN FRANCISCO, a Municipal Corporation, and The People of the State of California, acting by and through the San Francisco City Attorney Dennis J. Herrera, Plaintiffs-Appellants, v. BP PLC, a public limited company of England and Wales; CHEVRON CORPORATION, a Delaware corporation; CONOCOPHILLIPS, a Delaware corporation; EXXON MOBIL CORPORATION, a New Jersey corporation; ROYAL DUTCH SHELL PLC, a public limited company of England and Wales; DOES, 1 through 10, Defendants-Appellees.
Prior History: [*1] Appeal from the United States District Court for the Northern District of California. D.C. Nos. 3:17-cv-06011-WHA, 3:17-cv-06012-WHA. William Alsup, District Judge, Presiding.
City of Oakland v. BP p.l.c., 2018 U.S. Dist. LEXIS 126258 (N.D. Cal., July 27, 2018)
Disposition: VACATED AND REMANDED.
Energy, state-law, nuisance, Air, subject-matter, preemption, discovery, well-pleaded-complaint, preempts, federal-question, public-nuisance, overwhelming, displace, global
Governments, Local Governments, Claims By & Against, Real Property Law, Nuisance, Types of Nuisances, Public Nuisances, Civil Procedure, Appeals, Standards of Review, De Novo Review, Legislation, Interpretation, Preliminary Considerations, Jurisdiction, Subject Matter Jurisdiction, Subject Matter Jurisdiction, Federal Questions, Removal, Specific Cases Removed, Courts, Creation & Organization, Nonremovable Actions, Jurisdictional Sources, Statutory Sources, Federal Questions, Well Pleaded Complaint Rule, Constitutional Sources, Constitutional Law, Jurisdiction Over Actions, Business & Corporate Compliance, Climate Change, Environmental Law, Climate Change, Common Law, Environmental Law, Air Quality, Enforcement, Civil Actions, Federal Versus State Law, Federal Preemption, Torts, Nuisance, Citizen Suits, Postremoval Remands, Elements for Removal, Removability, Judgments, Summary Judgment, Entitlement as Matter of Law, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Amendment of Pleadings, Leave of Court, Reviewability of Lower Court Decisions, Preservation for Review