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.DONATE
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