US DOJ Opposes Suits against Greenhouse Gas Emitters

Has implications, one would think, in the Native Village of Kivalina case….

From SCOTUSBlog:

This week the Acting Solicitor General filed a brief on behalf of the Tennessee Valley Authority in American Electric Power Co. v. Connecticut, urging the Court to vacate a Second Circuit ruling that would permit lawsuits against greenhouse gas emitters for their contributions to climate change.   The New York Times covered the filing (via Gabriel Nelson of Greenwire), as does the San Francisco Chronicle’s Bob Egelko, the Washington Post’s Steven Mufson, and Stephen Power of the Wall Street Journal’s Washington Wire.

Industry Side Briefs in the Kivalina Climate Change Case

The power arrayed against the tribal interests here is simply incredible, and telling about the potential ramifications of the case.

Kivalina opening brief is here.

Add’l Brief supporting Kivalina:

Solar Industry Amicus Brief

Industry Side briefs:

BP Answering Brief

Peabody Answering Brief

American Electric Brief

Amici supporting defendants:

American Chemistry Council Amicus Brief

Center for Constitutional Jurisprudence Amicus Brief

Intl Automobile Manufacturers Amicus Brief

Natl Assn of Manufacturers Amicus Brief

NATSO Amicus Brief

Reps. Smith and Sensenbrenner Amicus Brief

US Chamber of Commerce Amicus Brief

Documentary about Native Village of Kivalina Global Warming Suit

From the Public Nuisance Wire:

TORONTO – A Canadian-based film company has begun filming a documentary aimed at exposing the controversial case of Kivalina v Exxon Mobil.

Filming began last month in the tiny Alaskan village of Kivalina, a 3.9 square-mile town with a population of around 399 people. The village is in the middle of a lawsuit with Exxon Mobil over allegations the big oil company’s excess gas emissions have caused erosion and damages to the town.

More here.

Third Update in Native Village of Kivalina v. Exxon

The hearing on the motion to dismiss is tentatively set for May 19, 2009, at 1 PM, according to this filing: oil-companies-re-notice-of-motion-to-dismiss

The complaint and the relevant motions are here.

Second Update on Native Village of Kivalina v. Exxon

Here is the response brief to the motion to dismiss (here): opposition-to-motion-to-dismiss

And here is the main oil company reply brief: oil-company-reply-brief

And one from Shell Oil: shell-reply-brief

And, of course, here is the complaint that started it all.

Native Village of Kivalina v. Exxon Update

Here is the motion to dismiss the complaint, from the oil companies. As expected, the key arguments regard the causation issue and the lack of a federal common law cause of action.


Democracy Now Story on the Alaska Native Suit on Climate Change

Attorney Stephen Susman helped file a groundbreaking lawsuit earlier this year on behalf of 400 Inupiat villagers in the Alaskan town of Kivalina who are being forced to relocate because of flooding caused by global warming. The suit accuses twenty oil, gas and electric companies, including ExxonMobil, Chevron, BP, ConocoPhillips and Peabody, of being responsible for emitting millions of tons of greenhouse gases causing the Arctic ice to melt.

Here is the link.