Despite Bell, State Law CO2 Liability Claims Are Doomed

more+
less-

“Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical paragraph in Native Village of Kivalina v. ExxonMobil Corp., 663 F. Supp. 2d 863 (N.D. Cal. 2009).

Thus, while plaintiffs’ federal common law carbon dioxide liability claims were extinguished on standing and political question grounds, state law claims could go forward should the plaintiffs choose to refile.

Originally published in Law360 on November 7th, 2013.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Carbon Emissions, Environmental Claims, Oil & Gas

Published In: Civil Procedure Updates, Constitutional Law Updates, Energy & Utilities Updates, Environmental Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McCarter & English, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »