Three Federal Courts Issue Back-to-Back Decisions Addressing the Viability of Global Warming Tort Actions
In September and October 2009, federal courts issued three significant decisions concerning tort-based global warming litigation. By virtue of their decisions, the United States Court of Appeals for the Second and Fifth Circuits have paved the way for governments and even private actors to sue industrial defendants for contributing to global warming and injury ensuing from climate change. Conversely, the United States District Court for the Northern District of California—in a ruling that will presumably be reviewed closely by the Ninth Circuit—expressly disagreed with the Second Circuit’s decision issued only nine days prior and dismissed a global warming nuisance claim brought by an Inupiat Eskimo village against oil, energy, and utility companies.