16
Top Emitters of Greenhouse Gases in California, 2008
(in metric tons)
1 Chevron Refinery Richmond: 4 792 0521. Chevron Refinery, Richmond: 4,792,0522. Shell Oil Refinery, Martinez: 4,570,4753. BP Refinery, Carson: 4,504,2864 Ch R fi El S d 3 603 4464. Chevron Refinery, El Segundo: 3,603,4465. Dynegy Power Plant, Moss Landing: 2,962,1496. Exxon Refinery, Torrance: 2,852,374y7. Valero Refinery, Benicia: 2,796,0578. Tesoro Refinery, Martinez: 2,703,1459 Southern Calif Edison-Mountainview Power Plant9. Southern Calif. Edison Mountainview Power Plant, Redlands: 2,697,14210. La Paloma Power Plant, McKittrick: 2,544,398S C lif i Ai R B dSource: California Air Resources Board
Climate Change Nuisance Lawsuits:gMany Causes, Many Claims
Courts as Battlefields in Climate Fights
Erosion of the shoreline in Kivalina, Alaska, has led to a closely watched climate-change lawsuit.
By JOHN SCHWARTZPublished: January 26, 2010
Climate Change Litigation:Climate Change Litigation:It’s already here
• Already active trial docket nationally– Over 200 active matters and prior decisions– Types: broader, more various than expected
• NEPA, Endangered Species• Insurance coverage disputes
f• Most notable actions: federal common law nuisance actions
The Big ThreeThe Big Three
• Connecticut v. AEP (2d Cir.)– Eight AGs sued five power companies– Eight AGs sued five power companies– After six year wait, Second Circuit recently allowed suit to
proceed (Justice Sotomayor?)
• Comer v. Murphy Oil Co. (5th Cir.)– Class action suit for Katrina property damages– Targets oil, coal, chemical and insurance companies– Fifth Circuit has dismissed, but in very odd fashion
• Native Village of Kivalina v. Exxon Mobil (9th Cir.)– District court in California dismissed as political question
On appeal to Ninth Circuit– On appeal to Ninth Circuit
Climate Change Liability -- KeyClimate Change Liability Key Thoughts and Themes• Massachusetts v EPA will continue to bear fruit• Massachusetts v. EPA will continue to bear fruit
• Fate of nuisance suits may differ – Relief sought (injunctions vs. damages)– Claims and harms alleged – Types of plaintiffs bringing claimsyp p g g
• The battle to get into court is different than the battle within the courtCausation– Causation
– Effectiveness of remedy
• Tallies emissions backTallies emissions back to 1882
• Claims about 5 percent• Claims about 5 percent of historical global carbon emissions from ExxonExxon
• Alleges most releases occurred after climateoccurred after climate concerns first raised
Future Directions in Climate Change gLitigation
• Likely to see ruling on AEP petition for U.S. Supreme y g p pCourt review in near future
• State lawsuits only just beginning
Adaptation of tactics and strategy from tobacco and• Adaptation of tactics and strategy from tobacco and asbestos litigation
– Collateral effects of certain claims (conspiracy)
– Focus on legislative solution
