In reversing the District Court, the 5th Circuit Court of Appeals unanimously found that Gulf Coast residents had standing to sue energy and chemical companies under Mississippi state law for having emitted greenhouse gases that allegedly contributed to global warming, in turn causing sea levels to rise and adding to the ferocity of Hurricane Katrina that destroyed their and public property. The Court said that the property owners were not precluded by the political question doctrine in alleging federal claims based on nuisance, trespass and negligence claims against the oil companies. Their suit may go forward, said the Court as the U. S Supreme Court in Massachusetts v. EPA, “accepted as plausible the link between man-made greenhouse gas emissions and global warming[.]“ The Court noted in footnote 15 the recent American Electric decision by the Second Circuit , “holding that the case was justiciable. No. 05-5104-cv, 05-5119-cv (September 21, 2009). Although we arrived at our own decision independently, the Second Circuit’s reasoning is fully consistent with ours, particularly in its careful analysis of whether the case requires the court to address any specific issue that is constitutionally committed to another branch of government.”
Comer v. Murphy Oil USA, 2009 WL 3321493 (5th cir. (Miss) 10/16/1009)
The opinion can be accessed at:
http://www.ca5.uscourts.gov/opinions/pub/07/07-60756-CV0.wpd.pdf
Editor’s Note 3/2/2010 - Nine judges participated in last week’s order granting rehearing en banc. The order noted that seven judges were recused.
For an up-to-date chart showing climate litigation that is maintained by Prof. Michael Gerrard, see: http://www.climatecasechart.com
