Global Warming Suits Claim Greenhouse Gases Are a Public Nuisance
Environmentalists are citing the law of public nuisance in lawsuits that claim greenhouse gases are contributing to global warming.
Fox News cites three lawsuits “pushing this agenda” and says one of them could eventually reach the U.S. Supreme Court.
Two federal appeals courts ruled last year that the suits could go forward, while a third is weighing arguments. But plaintiffs face more obstacles, despite the early victories, since several courts have suggested causation may be difficult to prove, according to New Orleans lawyer Robert Redfearn Jr., writing for Insurance Journal.
The cases are:
• Connecticut v. American Electric Power, a suit that targets carbon emissions by electric power companies. The New York-based 2nd U.S. Circuit Court of Appeals ruled in September that eight states and several land trusts had standing to assert a public nuisance claim, according the Insurance Journal article.
• Corner v. Murphy Oil, a suit by Hurricane Katrina victims claiming oil, coal and chemical companies contributed to global warming, increasing the ferocity of the hurricane that damaged their property. The New Orleans-based 5th U.S. Circuit Court of Appeals ruled in October that the hurricane victims had standing to assert their nuisance claim, and the suit presents a justiciable question.
• Kivalina v. Exxon, a suit by Alaska residents that claims emissions by energy companies contribute to global warming. A federal court ruled the plaintiffs lacked standing and the case presented a nonjusticiable political question. The case is pending before the San Francisco-based 9th U.S. Circuit Court of Appeals.
Fox News says more suits are in the pipeline. Environmentalists are “revving up their briefs and getting ready to shop for judges who will be sympathetic to their novel claim,” the story says.
