9th Circ. Leaves Climate Change Suits Up To State Law
By Greg Ryan
Law360, New York (September 21, 2012, 10:28 PM EDT) -- The Ninth Circuit on Friday upheld the dismissal of a public nuisance lawsuit brought by an Alaskan village against ExxonMobil Corp. and other energy giants over their greenhouse gas emissions, a decision that leaves state law nuisance claims as the only pathway toward addressing damage allegedly caused by climate change in court.
Kivalina, a small Inupiat Eskimo village, claimed that greenhouse gas emissions from ExxonMobil, BP Products North America Inc., ConocoPhillips Co. and 21 other companies had left the town uninhabitable by eroding the sea ice...