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Kivalina global warming litigation dismissed on political question grounds

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29 November 2009

[PDF] Native Village of Kivalina v. ExxonMobil Corporation, et al. - Order granting Defendants' motion to dismiss for lack of subject matter jurisdiction

Author: United States District Court for the Northern District of California

[Full text of court's order granting the defendants' motion to dismiss the lawsuit for lack of subject matter jurisdiction.]

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16 October 2009

Kivalina global warming litigation dismissed on political question grounds

Author: Gil Keteltas, Global Climate Law Blog

In a carefully watched case in the Northern District of California, Judge Saundra Brown Armstrong has issued a ruling dismissing the Kivalina climate change lawsuit on grounds that: (1) it raises a non-justiciable political question, and (2) plaintiffs lack Article III standing…In the Kivalina case, the Native Village of Kivalina, Alaska filed suit against two dozen energy companies, attempting to recover at least $400 million in damages for public nuisance related to emissions of greenhouse gases that Plaintiffs alleged contributed to global warming and caused the sea level to rise, destroying parts of the village.

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