Over the past year, an increasing number of municipalities, counties, and states have filed climate change related lawsuits in state court, asserting claims against fossil fuel companies under common law causes of action, such as public and private nuisance. Generally, the plaintiffs claim that the companies' contribution to global warming has caused them to suffer various climate change related injuries. Their claims are more likely to succeed in state court rather than federal court because federal common law claims are preempted by the Clean Air Act (CAA) and other federal doctrines. See Am. Elec. Power Co. v.Connecticut (AEP), 564 U.S. 410, 424 (2011); Native Vill. of Ki-valina v. ExxonMobil Corp., 696 F.3d 849, 857-58 (9th Cir 2012).
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