Two cases got flushed last week.
It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed dismissal in Comer v. Murphy Oil. Now, on Monday, the Supreme Court denied certiorari in Native Village of Kivalina v. Exxon Mobil. Kivalina ended more with a whimper than a bang, since the simple denial of cert. carries no opinion or precedential weight.
As I pointed out back in 2010, both cases were plagued by the same problem: “Global Warming Nuisance Lawsuits Are Based on a Fatal Flaw” http://ow.ly/gjm8O
Now we need environmental realists as plaintiffs.