** 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.