Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change.   Kivalina contended that the companies’ greenhouse gas emissions constituted a public nuisance that contributed to the sea level rise and permafrost melting that threatens their community.

Co-bloggers Rick Frank, Holly Doremus, and Jonathan Zasloff have blogged about this case previously.  Holly reported on the federal district court holding, which resulted in dismissal of the case as a nonjusticiable political question and, alternatively, for lack of standing.  Jonathan explained why he thought the district court decision was understandable as a query to the Ninth Circuit about whether courts should be examining this type of question at all: ” do you people want me to do this?”  Finally, Rick explained that even if the plaintiffs’ case could overcome the two reasons for dismissal relied on by the federal district court, the Ninth Circuit would likely rule in favor of the defendants as a consequence of the Supreme Court’s holding in American Electric Power v. Connecticut, in which ...

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