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The Climate Litigation Database

Native Village of Kivalina v. ExxonMobil Corp.

About this cases

Filing year
2008
Status
Order issued granting defendants' motion to dismiss for lack of subject matter jurisdiction.
Docket number
4:08-cv-01138-SBA
Court/admin entity
United StatesUnited States Federal CourtsN.D. Cal.
Case category
AdaptationActions seeking money damages for lossesCommon Law Claims
Principal law
United StatesFederal Common Law—NuisanceUnited StatesState Law—Nuisance
At issue
Action by native Alaskans seeking damages from oil and power companies for impacts of climate change on their village.

Documents

Filing Date
Type
Action Taken
Summary
Document
09/30/2009
Decision
Order issued granting defendants' motion to dismiss for lack of subject matter jurisdiction.
A federal court granted a motion to dismiss in a lawsuit brought against 24 oil, energy, and utility companies by Inupiat Eskimos from Kivalina, Alaska. In dismissing the case for lack of subject matter jurisdiction, the court held that the question of how best to address climate change was a political question not appropriate for a federal trial court to decide. The court also held that the plaintiffs could not demonstrate that the companies had caused them injury. The lawsuit alleged that as a result of climate change, the Arctic sea ice that protects the Kivalina coast from storms had been diminished and that resulting erosion would require relocation of the residents at a cost of between $95 and $400 million.
02/26/2008
Complaint
Complaint filed.

Summary

Action by native Alaskans seeking damages from oil and power companies for impacts of climate change on their village.