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[PDF] Native Village of Kivalina v. ExxonMobil Corporation, et al. - Opinion

Author: US Court of Appeals for the Ninth Circuit, Published on: 21 September 2012

The Native Village of Kivalina and the City of Kivalina (collectively “Kivalina”) appeal the district court’s dismissal of their action for damages against multiple oil, energy, and utility companies (collectively “Energy Producers”). Kivalina alleges that massive greenhouse gas emissions emitted by the Energy Producers have resulted in global warming, which, in turn, has severely eroded the land where the City of Kivalina sits and threatens it with imminent destruction. Kivalina seeks damages under a federal common law claim of public nuisance. The question before us is whether the Clean Air Act, and the Environmental Protection Agency (“EPA”) action that the Act authorizes, displaces Kivalina’s claims. We hold that it does.

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