NYC Faces Tough 2nd Circ. In Sweeping Big Oil Climate Case

Law360 (November 22, 2019, 3:11 PM EST) -- Two Second Circuit judges appeared reluctant Friday to revive New York City's lawsuit seeking compensation for climate change-related infrastructure costs from Chevron, ExxonMobil, BP and other energy giants, indicating the scope of the Big Apple's suit may run up against federal law.

While the city has argued its case only seeks to hold companies responsible for their production of the oil that's turned into fuel and burned by users, Circuit Judges Richard Sullivan and Michael Park seemed unconvinced that the lawsuit won't have the effect of regulating emissions, which a lower court judge found is the purview of the federal government....

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