9th Circuit rejects public nuisance suit against greenhouse gas emitters
Court finds in <em>Kivalina v. ExxonMobil</em> that the EPA and Clean Air Act displaced the Village of Kivalina's tort case
November 27, 2012 at 07:00 PM
6 minute read
Situated at the tip of a narrow barrier island off the northwest coast of Alaska is the tiny city of Kivalina. The residents of the village number fewer than 400, almost all of whom are members of the Village of Kivalina, a self-governing tribe of Inupiat Native Alaskans.
For decades, warming seawaters have been threatening the village's survival. The villagers depend on a barrier of sea ice that forms each fall to shield their homes and infrastructure from severe coastal storms. In recent years, the ice barrier has been forming later than usual, melting earlier than expected, and is providing less protection from storm activity. The result is severe soil erosion that threatens to wipe Kivalina off the map. A U.S. Government Accountability Office report put it this way: “Remaining on the island is no longer a viable option for the community.”
The villagers' only hope for survival is moving inland, and doing so soon. The U.S. Army Corps of Engineers estimates that by 2021, the current site will be overcome by flooding. The estimated cost of moving the village is approximately $100 million—an enormous sum for a community of subsistence hunters.
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