Despite Bell, State Law CO2 Liability Claims Are Doomed

Law360, New York (November 07, 2013, 4:00 PM ET) -- “Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical paragraph in Native Village of Kivalina v. ExxonMobil Corp., 663 F. Supp. 2d 863 (N.D. Cal. 2009).

Thus, while plaintiffs’ federal common law carbon dioxide liability claims were extinguished on standing and political question grounds, state law claims could go forward should the plaintiffs choose to refile.

Then, the U.S. Supreme Court decided American...
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