id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjel-3730	Jones, Channing	The Natural Gas Act, State Environmental Policy, and the Jurisdiction of the Federal Circuit Courts	2019	39	.pdf	application/pdf	17346	783	47	The Natural Gas Act and State Agency Challenges 195 This Section has assumed that state laws implementing cooperative federalism statutes should be considered state law for the purpose of determining the jurisdiction of the federal courts. This is subject to the narrow Grable & Sons “federal element” exception that federal courts may exercise original jurisdiction over substantial and disputed federal law issues nevertheless arising under state law causes of action, so long as federal court jurisdiction does not upset the federal-state balance.108 This Note takes the view that even where state law implements a federal cooperative scheme, a claim facially arising under state- promulgated law should be treated as state law.109 Under this approach, in spite of section 19(d), a challenge arising under state 108.	cache/cjel-3730.pdf	txt/cjel-3730.txt