United States Ninth Circuit

In an action against multiple oil, energy, and utility companies, alleging that massive greenhouse gas emissions emitted by the defendants have resulted in global warming, and seeking damages under a federal common law claim of public nuisance, the district court's dismissal of the suit for lack of subject matter jurisdiction is affirmed where: 1) the Supreme Court has held that federal common law addressing domestic greenhouse gas emissions has been displaced by Congressional action; and 2) that determination displaces federal common law public nuisance actions seeking damages, as well as those actions seeking injunctive relief.

Appellate Information

• Decided 09/21/2012
• Published 09/21/2012

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel