The NAM filed an amicus brief in the Fourth Circuit arguing that public nuisance litigation seeking to drive national energy policy on climate change should not be heard in state court. This case is part of a broader campaign involving more than two dozen cases that have been filed by cities, counties and states. The issue presented was whether putative state-law tort claims alleging harm from global climate change are removable because they arise under federal law. The NAM's brief argues that the subject matter and remedies sought through this litigation are inherently national, as well as legislative and regulatory in nature, and that such complex policy matters should not be driven by individual state judges in individual state courtrooms applying (or misapplying) various state liability laws.
Unfortunately, on April 7, 2022, the Fourth Circuit affirmed the district court's remand order, holding that none of the asserted basis for removal permit the Court to exercise jurisdiction.