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The Climate Litigation Database

Native Village of Kivalina v. ExxonMobil Corp.

About this case

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 CourtsUnited States District Court for the Northern District of California (N.D. Cal.)
Case category
Adaptation (US)Actions seeking money damages for losses (US)Common Law Claims (US)
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.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
09/30/2009
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.
Decision

Summary

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

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Group
Topics
Target
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience