[StBernard] Fifth Circuit reinstates climate change class action

[Westley Annis]

Fifth Circuit reinstates climate change class action 
Russell Jackson brings word that the Fifth Circuit has now joined the Second
Circuit's much-noted ruling in appearing to give a green light to climate
change litigation: 

The Fifth Circuit [panel in the new decision] held that plaintiffs lacked
standing to bring their claims for unjust enrichment, fraudulent
misrepresentation, and civil conspiracy, but that they had standing to
assert their claims for public and private nuisance, trespass and
negligence. The court further held that this latter group of claims did not
present a non-justiciable political question.

The new opinion is Comer v. Murphy Oil (PDF). We covered the Second Circuit
decision in Connecticut v. American Electric Power here and earlier, and (by
contrast) a trial judge's dismissal (PDF) of the Kivalina suit here.


http://tinyurl.com/yghcx9y