Quantcast
Environmental News for a Healthier Planet and Life

Judge Throws Out Historic Climate Liability Cases Brought by Oakland and San Francisco

Popular
Judge Throws Out Historic Climate Liability Cases Brought by Oakland and San Francisco
San Francisco and the San Francisco Oakland Bay Bridge. Doc Searls / CC BY 2.0

In a blow to the climate liability movement, Federal Judge William Alsup on Monday threw out a trendsetting lawsuit brought by the cities of Oakland and San Francisco against the five biggest fossil-fuel producing companies, The New York Times reported.

The two Bay Area cities were the first major U.S. cities to sue big oil over the costs of adapting to climate change, but other cities and counties around the country, including New York, Boulder and Seattle's King County, have followed their lead for a current total of 11 such lawsuits on the books.


Alsup, of the Federal District Court in San Francisco, stemmed the tide of the movement with his decision, ruling that the courts were not the appropriate place to decide issues relating to climate change.

"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," Alsup wrote in his opinion, according to The New York Times.

Alsup acknowledged the scientific consensus surrounding human-caused climate change and agreed that it posed a significant risk to the planet, but did not think it was ultimately fair to hold the defendants―Chevron, ConocoPhillips, ExxonMobil, BP and Royal Dutch Shell―responsible for supplying a global demand for energy that had transformed the modern world.

"Would it really be fair to now ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded? Is it really fair, in light of those benefits, to say that the sale of fossil fuels was unreasonable?" he asked in the statement.

"This is obviously not the ruling we wanted, but this doesn't mean the case is over," San Francisco city attorney spokesperson John Coté told The New York Times. "We're reviewing the order and will decide on our next steps shortly."

Coté added that the case had already been a success in at least one respect: It had led Alsup to order a historic court tutorial in March in which climate science experts testified about the proof for anthropogenic global warming.

"We're pleased that the court recognized that the science of global warming is no longer in dispute," he said. "Our litigation forced a public court proceeding on climate science, and now these companies can no longer deny it is real and valid. Our belief remains that these companies are liable for the harm they've caused."

Chevron was predictably pleased with the results.

"Reliable, affordable energy is not a public nuisance but a public necessity," vice president and general counsel for Chevron R. Hewitt Pate told The New York Times.

Michael Burger, executive director of the Sabin Center for Climate Change Law at Columbia University, told The New York Times it was too soon to tell if Alsup's decision would influence judges hearing similar cases around the country.

The cities had filed their suits against the companies using public nuisance law. In previous federal cases concerning climate change, the Supreme Court ruled that the Clean Air Act superseded nuisance law at the federal level and that it was up to the U.S. Environmental Protection Agency to deal with such complaints.

Oakland and San Francisco had tried to file public nuisance suits at the state level, while the defendants tried to move the cases to federal courts. Alsup decided the two cities' suits should be tried federally, but the federal judge reviewing the climate liability cases brought by Marin County, San Mateo County and Imperial Beach moved them to state courts.

The Bulletin of the Atomic Scientists' "Doomsday Clock" — an estimate of how close humanity is to the apocalypse — remains at 100 seconds to zero for 2021. Eva Hambach / AFP / Getty Images

By Brett Wilkins

One hundred seconds to midnight. That's how close humanity is to the apocalypse, and it's as close as the world has ever been, according to Wednesday's annual announcement from the Bulletin of the Atomic Scientists, a group that has been running its "Doomsday Clock" since the early years of the nuclear age in 1947.

Read More Show Less

EcoWatch Daily Newsletter

The 13th North Atlantic right whale calf with their mother off Wassaw Island, Georgia on Jan. 19, 2010. @GeorgiaWild, under NOAA permit #20556

North Atlantic right whales are in serious trouble, but there is hope. A total of 14 new calves of the extremely endangered species have been spotted this winter between Florida and North Carolina.

Read More Show Less

Trending

There are new lifestyle "medicines" that are free that doctors could be prescribing for all their patients. Marko Geber / Getty Images

By Yoram Vodovotz and Michael Parkinson

The majority of Americans are stressed, sleep-deprived and overweight and suffer from largely preventable lifestyle diseases such as heart disease, cancer, stroke and diabetes. Being overweight or obese contributes to the 50% of adults who suffer high blood pressure, 10% with diabetes and additional 35% with pre-diabetes. And the costs are unaffordable and growing. About 90% of the nearly $4 trillion Americans spend annually for health care in the U.S. is for chronic diseases and mental health conditions. But there are new lifestyle "medicines" that are free that doctors could be prescribing for all their patients.

Read More Show Less
Candles spell out, "Fight for 1 point 5" in front of the Brandenburg Gate in Berlin, Germany on Dec. 11, 2020, in reference to 1.5°C of Earth's warming. The event was organized by the Fridays for Future climate movement. Sean Gallup / Getty Images

Taking an unconventional approach to conduct the largest-ever poll on climate change, the United Nations' Development Program and the University of Oxford surveyed 1.2 million people across 50 countries from October to December of 2020 through ads distributed in mobile gaming apps.

Read More Show Less
A monarch butterfly is perched next to an adult caterpillar on a milkweed plant, the only plant the monarch will lay eggs on and the caterpillar will eat. Cathy Keifer / Getty Images

By Tara Lohan

Fall used to be the time when millions of monarch butterflies in North America would journey upwards of 2,000 miles to warmer winter habitat.

Read More Show Less