New York City To Appeal Climate Suit Dismissal To 2nd Circ.

Law360 (July 26, 2018, 8:16 PM EDT) -- New York City told a federal court Thursday that it would appeal a recent ruling throwing out its suit seeking to hold ExxonMobil, BP and other oil giants accountable for the cost of climate change-related infrastructure damage.

The city's brief notice said it planned a Second Circuit appeal of the July 19 opinion by U.S. District Judge John F. Keenan that said the city's claims ultimately deal with greenhouse gas emissions that cross state boundaries, which means they arise under federal common law.

The claims are therefore displaced by the Clean Air Act and the U.S. Environmental Protection Agency as determined by the...

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