In Cities' Climate Case, Alsup Points Plaintiffs to the Political Branches
In dismissing a lawsuit brought by the cities of San Francisco and Oakland against five large oil companies, Judge William Alsup wrote that climate change "deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case."
June 26, 2018 at 03:54 PM
3 minute read
Oracle and Google dismissed a lawsuit brought by two Bay Area cities Gibson, Dunn & Crutcher argued the motion to dismiss On the issues at stake:
"The issue is not over science. All parties agree that fossil fuels have led to global warming and ocean rise and will continue to do so, and that eventually the navigable waters of the United States will intrude upon Oakland and San Francisco. The issue is a legal one — whether these producers of fossil fuels should pay for anticipated harm that will eventually flow from a rise in sea level."
On the cities' theory of liability:
"The scope of plaintiffs' theory is breathtaking. It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming. While these actions are brought against the first, second, fourth, sixth and ninth largest producers of fossil fuels, anyone who supplied fossil fuels with knowledge of the problem would be liable."
On balancing the anticipated harm with the benefits of fossil fuels:
"[O]ur industrial revolution and the development of our modern world has literally been fueled by oil and coal. Without those fuels, virtually all of our monumental progress would have been impossible. All of us have benefitted. Having reaped the benefit of that historic progress, would it really be fair to now ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded? Is it really fair, in light of those benefits, to say that the sale of fossil fuels was unreasonable?"
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