Kivalina and AEP Claim Another Victim – New York Climate Change Suit Falls

Like the proverbial acid relentlessly burning its way through materials in which it comes in contact, the relentless reasoning underlying the Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (AEP) and Native Village of Kivalina v. ExxonMobile Corp., 696 F.3d 849 (9th Cir. 2012) (Kivalina) climate lawsuits has claimed another victim. After taking out the lawsuits filed by the cities of San Francisco and Oakland earlier this summer (Order), Kivalina and AEP now have been used to eliminate the climate change suit filed by the City of
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Kivalina and AEP Strike Again – Oakland and San Francisco Climate Change Suits Dismissed

By Order dated June 25, 2018, the United States District Court for the Northern District of California dismissed the lawsuits filed by the cities of San Francisco and Oakland seeking compensation from five of the world’s largest energy producers for the costs of adapting to climate change allegedly caused in part by these companies’ sale of fossil fuels. This dismissal brings to an end, at least temporarily, to two of the fourteen second-generation climate change lawsuits that have been filed
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