Legal News

Questions of causation and politics plague global warming suits

By Richard Binder

At Anderson Kill's 12th Annual Policyholder Advisor Conference, a panel discussed the hurdles involved in bringing global warming suits against companies.  But they said one case worth watching is Native Village of Kivalina v. Exxon Mobil, et al., in which an Inuit village in Alaska has brought a nuisance suit in February 2008 against major oil companies.

The plaintiffs in the case, brought in California, are seeking joint and several liability for nuisance and civil conspiracy, claiming that the oil companies? contribution to global warming has caused melting ice which will lead to the eventual flooding of their village. A motion to dismiss was filed last June, and according to Anderson Kill shareholder John Nevius the insurance company defending the suit has cited the pollution exclusion in its motion.

Finley Harckham, a senior litigation shareholder in Anderson Kill's New York office, said plaintiffs need to establish two levels of causation. They must prove that something has happened to the environment other than what would have happened naturally, and that the defendant is responsible for that action.

For details on the panel discussion, which also discusses the state's recent case against General Motors, click here.

Full post as published by Legal Pad | LA on September 22, 2009 (boomark / email).