Native Village of Kivalina, et al v. Exxonmobile Corp., et al, No. 09-17490 (9th Cir. 2012)Annotate this Case
Kivalina appealed the district court's dismissal of their action for damages against Energy Producers. Kivalina alleged that massive greenhouse gas emissions emitted by the Energy Producers have resulted in global warming, which, in turn, has severely eroded the land where the City of Kivalina sits and threatens it with imminent destruction. Kivalina sought damages under a federal common law claim of public nuisance. At issue was whether the Clean Air Act, 42 U.S.C. 7401 et seq., and the EPA action that the Act authorized, displaced Kivalina's claims. The court concluded that the Supreme Court has held that federal common law addressing domestic greenhouse gas emissions has been displaced by Congressional action. That determination displaced federal common law public nuisance actions seeking damages, as well as those actions seeking injunctive relief. The civil conspiracy claim fell within the substantive claim. Therefore, the court affirmed the judgment of the district court.