[StBernard] Be Prepared

[Westley Annis]

Everyone in general and Louisiana in particular is going to be seriously
hurt if Murphy Oil and ExxonMobil lose these cases.

Again, I can say that I have never supported or voted for Obama, Pelosi,
Reid, or the Rev. AlGore.

Westley

Lawsuits point to climate change litigation threat

Paula Dittrick 
OGJ Senior Staff Writer 

HOUSTON, Oct. 22 -- A climate change litigation threat appears to be looming
for the oil and gas industry in the wake of a US Supreme Court decision
allowing the regulation of greenhouse gases as air pollutants. 

Federal courts recently issued conflicting decisions in climate change
litigation. One case involved Murphy Oil USA, and another case involved
ExxonMobil Corp. and others. Power companies face the same issues. 

The recent litigation all stems from an Apr. 2, 2007, decision in which the
Supreme Court ruled that the Environmental Protection Agency has authority
under the Clean Air Act to regulate greenhouse gases. That ruling came in a
lawsuit filed by Massachusetts and several other states, US cities, and
environmental groups. 

On Sept. 21, the US Circuit Court of Appeals for the 2nd Circuit in New York
allowed a coalition of eight states, New York City, and environmental groups
to sue coal-burning utilities over climate change. That ruling later was
cited in the Murphy Oil ruling. 

Anthony Cavender of the Pillsbury Winthrop Shaw Pittman LLP law firm in
Houston said, "Given that the Obama administration has already advocated for
tighter regulations related to the environment as a whole, and in particular
for tougher policies governing carbon emissions, many plaintiffs may now
feel that the time is right to file such suits." 

Murphy Oil suit 
On Oct. 16, a three-judge panel of the US Court of Appeals for the 5th
Circuit in New Orleans said residents and land owners along the Gulf Coast
in Mississippi could seek relief for Hurricane Katrina damages presumed to
be related to global warming. 

The appeals court ruling in the case of Ned Comer vs. Murphy Oil USA
reversed a decision from the US District court for the Southern District of
Mississippi, which had dismissed the case. 

The appeals court ruled that Comer could assert claims that Murphy Oil
operations caused greenhouse gas emissions and contributed to global warming
and a rise in sea levels that consequently strengthened Hurricane Katrina. 

Comer and others, seeking compensatory and punitive damages, argued they had
the legal standing to litigate these claims based on the 2007 Supreme Court
decision. 

Judge James Dennis in New Orleans wrote that the court arrived at its
decision independently but that the "Second Circuit's reasoning [in
Connecticut vs. AEP] is fully consistent with ours, particularly in its
careful analysis of whether the case requires the court to address any
specific issue that is constitutionally committed to another branch of
government." 

ExxonMobil suit 
Separately, the US District Court for the Northern District of California in
late September dismissed a climate change lawsuit that Inupiat Eskimos
living in Kivalina, Alas., near the Arctic Circle filed against ExxonMobil. 

The plaintiffs alleged that 24 oil, energy, and utility companies emitted
greenhouse gases that contribute to global warming and consequently diminish
sea ice that protects their village from winter storms and erosion. 

The California court dismissed the lawsuit for lack of subject matter
jurisdiction and because the Inupiat Eskimos could not prove the companies
caused any injury. An attorney for the town of Kivalina has said he plans to
appeal. 

Sheila Harvey, a partner with Pillsbury's climate change and sustainability
team in Washington, DC, said that while each case must be individually
evaluated on the merits of evidence, she noted that "The decision in
Kivalina is more in keeping with how courts have traditionally ruled-often
dismissing these types of cases as 'nuisance suits' filed by plaintiffs for
no other purpose than to cause headaches for companies they politically or
personally disagree with." 

Contact Paula Dittrick at paulad at ogjonline.com.



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