Climate Law Blog

FEATURED CASE
 
Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies
 
The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. First, the Second Circuit held that federal common law displaced the City’s state-law public nuisance, private nuisance, and trespass claims because the lawsuit would regulate cross-border greenhouse gas emissions, albeit “in an indirect and roundabout manner,” and because state law claims “would further risk upsetting the careful balance that has been struck between the prevention of global warming, a project that necessarily requires national standards and global participation, on the one hand, and energy production, economic growth, foreign policy, and national security, on the other.” The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. The Second Circuit cited American Electric Power Co. v. Connecticut, 564 U.S. 410 (2011), as establishing “beyond cavil” that the Clean Air Act displaced federal common law nuisance suits to abate domestic transboundary greenhouse gas emissions, and found that Native Village of Kivalina v. ExxonMobil Corp., 696 F.3d 849 (9th Cir. 2012), provided “sound reasoning” for determining that the Clean Air Act also displaced federal common law damages claims. The Second Circuit also rejected New York City’s contention that the Clean Air Act’s displacement of federal common law claims resuscitated its state law common law claims. Finally, the Second Circuit held that although the Clean Air Act did not displace New York’s federal common law claims addressing emissions outside the United States, foreign policy concerns foreclosed such claims. The Second Circuit said holding the oil companies liable for “purely foreign activity” would “sow confusion and needlessly complicate the nation’s foreign policy, while clearly infringing on the prerogatives of the political branches.” City of New York v. BP p.l.c., No. 18-2188 (2d Cir. Apr. 1, 2021).

By Margaret Barry and Korey Silverman-Roati   Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.       HERE ARE THE […]

By Margaret Barry and Korey Silverman-Roati   Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.     HERE ARE THE ADDITIONS […]

By Michael Burger This past week has been an extraordinary one: on November 3 the people of the United States elected Joe Biden, who campaigned on an extensive and sophisticated climate plan, president of the United States. The next day, on November 4, President Donald Trump’s withdrawal of the U.S. from the Paris Agreement was […]

Since January 2017, the Sabin Center for Climate Change Law at Columbia University has been tracking the Trump administration’s ongoing efforts to rewrite federal climate change policy and deconstruct climate governance. Today, the Sabin Center released a collaboratively authored report that outlines a series of executive actions that a Biden administration could take to do […]

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 135. FEATURED CASE Hawaiʻi Supreme […]

Today, the Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA, the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule.

By Romany Webb Last Thursday, March 26, the Environmental Protection Agency (EPA) announced a temporary policy on environmental enforcement during the COVID-19 pandemic. The policy declares that EPA will “exercise enforcement discretion” – code for “take no action” – in relation to certain civil violations of environmental law “caused by COVID-19.” The policy identifies several […]

By Margaret Barry and Hillary Aidun Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE […]

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE #130: FEATURED CASE Divided Ninth Circuit […]