Ninth Circuit Affirms Dismissal of Climate Change Lawsuit Brought by Alaskan Native Village
Author:
Marten Law
Date Published:
10/12/2012
Description:
"The Ninth Circuit Court of Appeals closed the door last month on a five year effort by a coastal village in Alaska to use the common law of nuisance to fight climate change. In Native Village of Kivalina v. ExxonMobil,[1] the small town of Kivalina, located on the Chukchi Sea in Northwestern Alaska, alleged that the greenhouse gas emissions attributable to 22 oil, energy, and utility companies have exacerbated global warming and thereby exposed the village to rising sea levels and flooding. Relying on the Supreme Court’s holdings in American Electric Power Co., Inc., v. Connecticut (AEP),[2] the Ninth Circuit dismissed the suit, holding that the Clean Air Act had displaced the federal common law of nuisance with respect to greenhouse gas emissions. Copyright 2012 Marten Law PLLC. 10/12/12.
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