cover image: No. 19-1818  IN THE - United States Court of Appeals


No. 19-1818 IN THE - United States Court of Appeals

25 Apr 2024

Smith) BRIEF OF THE NATIONAL LEAGUE OF CITIES; THE U. [...] THE DISPLACEMENT OF A FEDERAL COMMON LAW CAUSE OF ACTION FOR NUISANCE BY STATUTE REQUIRES THE STATE LAW CAUSE OF ACTION BE TREATED ON ITS OWN TERMS. [...] Over eighty percent of Americans now live in urban areas, and even more of them work there; as a consequence, Local Government Amici’s members are responsible for understanding the risks to and planning for the wellbeing of the great majority of Americans. [...] Should the Court review other aspects of the district court’s remand order it should affirm the decision to remand for lack of subject-matter jurisdiction and sustain the viability of Plaintiff’s state law claims. [...] As the New York Court of Appeals noted some 80 years ago, in a statement emblematic of conditions nationwide: [W]here the public health is involved, the right of the town to bring such an action to restrain a public nuisance may be tantamount to its right of survival… [I]t is clear that a public nuisance which injures the health of the citizens of a municipality imperils the very existence of that.



Published in
United States of America

Table of Contents