Native Village of Kivalina v. ExxonMobil Corp.

The Ninth Circuit affirmed the dismissal of a lawsuit by Inupiat Native Alaskans seeking to recover money damages from a number of energy companies for greenhouse gas emissions from the companies’ products that plaintiffs alleged caused eroded sea ice where the plaintiffs' village is located. The appeals court held that plaintiffs could not sue under a theory of public nuisance given that it had been displaced by the Clean Air Act.

The Ninth Circuit construed the defendant-appellees’ motion to defer calendaring of oral argument as a motion for a stay of appellate proceedings pending the Supreme Court's decision in American Electric Power Co. v. Connecticut and granted the motion in part by staying the case until June 15, 2011. The Ninth Circuit directed the appellees to file a status report by June 15. After the appellees filed their status report, the Ninth Circuit extended the stay until July 15, 2011.