New York City Loses Appeal on Lawsuit Seeking to Hold Big Oil Liable for Climate Change

[Budi]

Oil Giants Defeat NYC Climate Suit in Appeals Court (Correct) New York City failed to persuade a federal appeals court to reinstate a climate-change lawsuit against Exxon Mobil Corp. , BP Plc and three other oil companies, with the judges saying the problem demands political rather than legal solutions.

APR 1, 2021 6:17 PM

New York City Loses Appeal on Lawsuit Seeking to Hold Big Oil Liable for Climate Change
https://www.google.com/amp/s/lawandcrime.com/climate-change/new-york-city-loses-appeal-on-lawsuit-seeking-to-hold-big-oil-liable-for-climate-change/amp/

Finding that the solution to the climate crisis cannot come from the federal judiciary, the Second Circuit refused to revive New York City Mayor Bill de Blasio’s lawsuit against oil giants BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell.

De Blasio unleashed his lawsuit against Big Oil a little more than three years ago, with high hopes of creating an environmental analogue to the litigation that reformed the tobacco industry.

After a Pulitzer-nominated investigative journalism series exposed how public messaging by oil companies on climate contradicted their private understanding of the crisis, the fallout for the courts was swift.

The environmental movement became animated by the hashtag slogan #ExxonKnew, and New York City joined the state and local governments across the country filing suit, in complaints that largely struggled to gain traction.

At every stage of de Blasio’s litigation, judges came back with the same message—that redressing the problem was not within their purview.

“Global warming is one of the greatest challenges facing humanity today,” Circuit Judge Richard Sullivan, a Trump appointee, acknowledged for the court’s unanimous three-judge panel on Thursday.


But, just as a lower court ruled some three years ago, the panel found it is not a matter that can be solved through litigation.

SNIP
“The Clean Air Act gives states a much more limited role in regulating pollution sources beyond their borders. Indeed, it often limits states to commenting on proposed EPA rules or on another state’s emission plan,” the Second Circuit ruling states.
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The appeals court dismissing the case of New York City is a setback for communities and other cities looking to hold the biggest oil corporations accountable for damages related to climate change.
The court today said in no uncertain terms that states and cities do not have jurisdiction to sue oil companies for their contribution to global warming because emissions are under federal regulation.

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I believe only Federal Legislation is what it will take to hold big oil companies liable for damages & future regulations.

The fight is on.

[hedda_foil]

1. It sounds like the Federal Government has standing to sue under the Clean Air Act!

[Budi]

2. I believe the original Clean Air Act under LBJ had 'more teeth'

..but it was weakened later on.
Regardless, NY gave it the best shot they could under the current laws.
If this has to be legislated at the Fed level, it'll be a battle with Red States as usual.

This is the exact kind of legislation that those states now writing into law, all the voter suppressions rules, are setting themselves up to fight against.

A few more D's in the Senate majority & the Repubs know they're done for.

We need the voting rights act, DC & Puerto Rico, & as much strength as we can get come 2022.
Oh ya. And add a couple more to the SC just for balance.
We got our hands full!!