The Ninth Circuit has repeated what the Supreme Court has already said about plaintiffs suing polluters for climate change: look to the Clean Air Act and the EPA for possible relief, not the federal courts. Courts simply won’t hear claims that the polluters have created a common law nuisance when federal law covers the area.
Heat waves. Droughts. Wildfires. Wildly varying snow packs and weather patterns. These are all too familiar, especially in California, but are they the effects of global climate change? And if so, are they a “public nuisance” under federal common law?