Kivalina Case Dismissal Breaks With 2nd Circ.

By Jesse Greenspan

Law360, New York (October 16, 2009, 6:29 PM ET) -- A federal judge has dismissed a public nuisance lawsuit brought by the tiny Alaskan village of Kivalina against 24 energy and utility giants, breaking from a federal appeals court's take on whether companies can be held liable for historic greenhouse gas emissions that contribute to global warming.

Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California ruled that the Kivalina suit touched on a political question properly reserved for the legislative or executive branch, and that the plaintiffs did not...
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