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Eroding Prospects for Climate Change Torts: The Ninth Circuit's Kivalina Decision and a Look Ahead

Monday, December 3, 2012 12:30 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


** This program was originally scheduled for October 30th, but has been postponed.**

The Ninth Circuit’s September 2012 decision in Native Village of Kivalina v. Exxon Mobil is the latest climate-related decision to come from the federal courts. Kivalina sued multiple oil, energy, and utility companies for damages under the federal common law of public nuisance, arguing that their greenhouse gas emissions were responsible for global warming, which, in turn, has severely eroded the land where Kivalina sits and threatens it with imminent destruction. The Ninth Circuit held that the federal common law of public nuisance was displaced by the Clean Air Act. Matt Pawa, Pawa Law Group, who argued the case for Kivalina, and Seth Jaffe of Foley Hoag LLP, will review the issues presented by the case, the basis for the court's decision, and what the decision says about the current state of climate change litigation and where it might be headed in the future.


Sponsoring Section/Committee(s):




Jennifer Jones


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