Kivalina v. ExxonMobil Corp
- Case Date: 7/7/2010
- Project Name: Environmental Law Project
On September 21, 2012, the U.S. Court of Appeals for the Ninth Circuit rejected an attempt by the Alaskan village of Kivalina to revive a $400 million lawsuit contending that global warming is destroying the village by melting Arctic sea ice. The appeals court held that federal regulation under the Clean Air Act by the Environmental Protection Agency “displaced” the lawsuit’s claims. The court also held that the policy issues raised in the litigation were matters more appropriately left for determination by the executive or legislative branch in the first instance. The decision was a victory for WLF, which filed a brief in the case asking that the district court’s dismissal be affirmed because the lawsuit presents a nonjusticiable political question and because Kivalina lacks standing to bring such an action under these facts.
More Information and Downloads:
7/7/2010: Download the Brief
Litigation Update: Appeals Court Rejects Suit Seeking $400 Million for CO2 Emissions