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The Climate Litigation Database

Native Village of Kivalina v. ExxonMobil Corp.

About this case

Filing year
2008
Status
Rehearing en banc denied.
Docket number
09-17490
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Ninth Circuit (9th Cir.)
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
, ,

Documents

Filing Date
Document
Type
Topics 
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Search results
09/21/2012
Opinion issued affirming dismissal.
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.
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
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience