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.
Authors
- Pages
- 35
- Published in
- United States of America
Table of Contents
- CORPORATE DISCLOSURE STATEMENT 2
- TABLE OF AUTHORITIES 4
- STATEMENT OF IDENTIFICATION 9
- BACKGROUND 12
- ARGUMENT 18
- I. FEDERALISM PRINCIPLES REQUIRE APPELLATE REVIEW OF THE DISTRICT COURT’S REMAND ORDER BE LIMITED TO THE ISSUE CONGRESS EXPRESSLY EXCEPTED. 18
- II. THERE ARE NO “UNIQUELY FEDERAL INTERESTS” AT STAKE IN THIS CASE SUFFICIENT TO REQUIRE CONVERSION OF PLAINTIFF’S STATE LAW CLAIMS INTO FEDERAL LAW CLAIMS OR TO CONFER FEDERAL JURISDICTION. 25
- III. 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. 29
- CONCLUSION 33
- CERTIFICATE OF SERVICE 34
- CERTIFICATE OF COMPLIANCE 35
