Big win for common sense: New York City Loses Appeal Seeking to Hold Oil Firms Liable “Global Warmin

[Elderberry]

Watts Up with That by Anthony Watts 4/1/2021

Big win for common sense: New York City Loses Appeal Seeking to Hold Oil Firms Liable “Global Warming”

A big win for pro-energy groups today out of the 2nd Circuit Court

The federal appeals court rejected New York City’s effort to hold five major oil companies (BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell) liable to help pay the costs of addressing “harm” caused by global warming. The court clearly said the regulation of greenhouse gas emissions should be addressed under federal law and international treaties, not at the state level.

Key Quotes From Second Circuit Climate Change Decision April 1, 2021


·      “First, global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. As a result, it calls for the application of federal common law, not state law. Second, the Clean Air Act grants the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. Federal common law actions concerning such emissions are therefore displaced. Lastly, while the Clean Air Act has nothing to say about regulating foreign emissions, judicial caution and foreign policy concerns counsel against permitting such claims to proceed under federal common law absent congressional direction. And since no such permission exists, each of the City’s claims is barred and its complaint must be dismissed.” (Page 1.)

·      “The question before us is whether municipalities may utilize state tort law to hold multinational oil companies liable for the damages caused by global greenhouse gas emissions. Given the nature of the harm and the existence of a complex web of federal and international environmental law regulating such emissions, we hold that the answer is ‘no.”’ (Page 5.)

More: https://wattsupwiththat.com/2021/04/01/big-win-for-common-sense-new-york-city-loses-appeal-seeking-to-hold-oil-firms-liable-global-warming/