Legal Opinion · Concurrence

Native Village of Kivalina v. Exxonmobil Corporation

Court of Appeals for the Ninth Circuit

Decided September 21, 2012No. 09-17490Published

1ConcurrencePro, District Judge

The Native Village of Kivalina and the City of Kivalina (together “Kivalina”) appeal the district court’s dismissal of their federal common law public nuisance claim for damages against Appellees, who are oil, energy, and utility companies. In support of their federal common law nuisance claim, Kivalina alleges Appellees emit massive amounts of greenhouse gases that contribute to global warming which, in turn, has severely eroded the land where the City of Kivalina sits and threatens it with imminent destruction. Kivalina also brought conspiracy and concert of action claims which are…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992

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