Big Oil triumphs over the Big Apple, as judge dismisses “climate change” lawsuit
U.S. District Judge John Keenan pointed to legislative and executive branches for remedies.
What is even better than one legal victory over green justice warriors targeting Big Oil over fallacious charges of “climate change” environmental impacts?
A U.S. judge on Thursday dismissed a lawsuit by New York City seeking to hold major oil companies liable for climate change caused by carbon emissions from burning fossil fuels.
In dismissing the city’s claims against Chevron Corp , BP Plc , ConocoPhillips , Exxon Mobil Corp and Royal Dutch Shell Plc , U.S. District Judge John Keenan in Manhattan said climate change must be addressed through federal regulation and foreign policy.
“Climate change is a fact of life, as is not contested by Defendants,” he wrote. “But the serious problems caused thereby are not for the judiciary to ameliorate. Global warming and solutions thereto must be addressed by the two other branches of government.”
The petroleum companies hailed the decision, which is a victory of common sense over #FakeScience hysteria.
“Judge Keenan’s decision reaffirms our view that climate change is a complex societal challenge that requires sound governmental policy and is not an issue for the courts,” Shell said in a statement.
…Chevron said: “It is time for this waste of taxpayer money and judicial resources to end. Responsible leaders should engage in an honest conversation about the policy issues of climate change rather than filing lawsuits and vilifying the men and women who produce the reliable, affordable energy upon which we all depend.”
Interestingly, a U. S. Supreme Court precedent cited in the lawsuit was American Electric Power v. Connecticut, which found that the Clean Air Act displaced federal common law claims similar to nuisance counts New York City and the California cities filed. I am looking forward to more such sensible precedents from current SCOTUS, but I digress.
Despite this trend, other cities with similar lawsuits pending remain undeterred. Imperial Beach, which is a community in the San Diego area, will continue with its climate change lawsuit.
“We have no intention of withdrawing our lawsuit, and I will continue to stand up for the residents and businesses in Imperial Beach,” Dedina said in an email, saying his community’s legal action will be heard in state court where Dedina thinks the outcome will be different.
“Like the San Francisco and Oakland lawsuits, the New York City case is quite different from ours,” [Mayor Serge] Dedina said. “We believe the decisions dismissing those cases were wrongly decided — but either way, they should not have any impact on our lawsuit, which is proceeding in state court under state common law claims.
Furthermore, the Big Apple intends to appeal this decision.
New York City Mayor Bill de Blasio’s spokesman Seth Stein said Thursday the city has not given up the fight to make those producers pay.
“The mayor believes big polluters must be held accountable for their contributions to climate change and the damage it will cause New York City,” Stein said. “We intend to appeal this decision and to keep fighting for New Yorkers who will bear the brunt of climate change.”
I anticipate I will be reporting on a third legal victory for common sense over eco-activism in the near future.
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The Rhode Island suit was discussed here a couple of weeks ago. Prosecutors are hoping to try their case in a State Court – but diversity jurisdiction issues will always throw any of these cases into Federal Court. And in federal court, they’re all going to end up just like this one has.
Big Oil may be slick, but these eco-leftists are greasy.
I am hoping that the judge also forbade any future imports of carbon based energy into New York City. NYC may not be able to save the world but should be allowed to save themselves. Hand cranked subway cars and peddle driven autos would do wonders for unemployment.
Not to worry. Baltimore, that city that has it all together (sarcasm), took up the “climate change” lawsuit insanity.
Baltimore is like the bankrupt homeowner spending its last two dollars on a powerball ticket (in this case, any lawsuit they think will save them).
“Lawfare,” brought to us by the SJWs, being vomited by our “law” school grads, will not end soon. BTW, have the dingdongs in Hawaii had their say, yet?
I had lengthy conversations with law school students from the Northwestern School of Law in Portland, Oregon. Their stated purpose for achieving their degrees was to promote and litigate their environmental agendas. One gal boasted of her vegan lifestyle and wanted me to adopt a no meat diet. I had the pleasure of responding, “If God didn’t want me to eat meat, He wouldn’t have made it out of food.” She demanded to know if I loved animals, and I said, “Of course I do. They’re delicious.” Her 83 year old father almost choked on the sip of scotch he was swallowing. Fortunately, that stopped the conversation.
Trouble is, Northwestern used to be a pretty decent law school. Especially when Jim Huffman was dean. Sorry to hear it has sunk to the depths now occupied by the University of Oregon Law School, of which I am a grad, ’74.
Hawaii is fighting back by creating more Hawaii on a daily basis.
These lawsuits are not about whether or not global warming is real. It is about how much money the slip and fall lawyers can mine in legal fees from the deep pockets of the big 5 oil companies. Just as they did with big tobacco and asbestos, the leading lawyers got a huge payday and the actual people who filed the suit received next to nothing.
It’s even worse than that – this entire legal assault was planned at a meeting attended by representatives of several large environmental activist groups and about 12 State Attorney Generals, led by Schneidermann, back in 2012. (it’s been widely reported on) The idea proposed at that meeting was for states and municipalities to launch a wave of lawsuits across the country, in the hope that the massive barrage of lawsuits would cause the targets to fold and settle for damages to everyone claiming something, rather than try to fight them all. They never calculated the possibility that the targets might effectively fight back.
And now, as these lawsuits crumble, one by one, without even going to trial, their Great Strategy is also crumbling. But they’re locked into the plan, to the point that it’s a part of their strategy for the midterm elections, so they can’t back off now – no matter how idiotic their quest is becoming.
If this were documented in a TV show, I bet they could usurp even “The Wire” as GoaT.
But, but “Super Storm Sandy”!!!!