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Environmental Lawsuit Case

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Environmental Science

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Native Village of Kivalina v. ExxonMobil Corp.

Kivalina is an Alaskan town situated in northwestern Alaska around seventy miles north

of the Arctic Circle. The town is endangered by expanding erosion because of climate change

and rise in sea level. Coastal sea forms during winter months protecting the villagers. However,

as of late, the ice covers a smaller area, forms later, breaks up earlier. In their complaint, the

villagers asserted that global warming is the cause of changes to the sea ice, which thus, is

damaging their property. They additionally alleged that respondents responsible for climate

change and global warming, because of their participation in producing GHG emissions.

Kivalina claimed the generation of GHG emissions is a federal and state public aggravation.

Subsequently, Kivalina asserts that the Energy Producers should bear duty regarding

interventions with the villager's property rights.

Besides, they argue that the Energy Producers are aware of the impacts of GHG

emissions, and are attempting to "deceive people about the science global warming. Finally,

Kivalina seeks damages related with past GHG emissions and a directive to avert current

discharge of GHG emissions.

The Energy Producers re-joined to the claim by filing a dismiss motion for lack of subject

matter jurisdiction. They claimed that Kivalina brought up non-justiciable political issues, which

lacked standing.

The region court concurred completely with the Energy Producers and found that the case

of government annoyance is a “legislative and executive question” and there was deficient

direction with regards to the standards or guidelines that ought to be used to determine the

claims. Besides, a ruling under the precedent-based law theory of public nuisance would have

constrained the court to set a standard for GHG emissions, and in addition decide on who should

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bear the cost for damages caused by GHG emissions. In addition, the court found that, Kivalina

could not prove a connection between Energy Producers’ conduct and the erosion.

On appeal, the Ninth Circuit based the review on whether Kivalina's contention that GHG

emissions discharged by the Energy Producers add to global warming and cause public

aggravation is feasible under federal precedent-based law. The appeals bench chose not to

reinstate the case.

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Surname 1 Your name Professor’s name Course name Date of Submission Native Village of Kivalina v. ExxonMobil Corp. Kivalina is an Alaskan town situated in northwestern Alaska around seventy miles north of the Arctic Circle. The town is endangered by expanding erosion because of climate change and rise in sea level. Coastal sea forms during winter months protecting the villagers. However, as of late, the ice covers a smaller area, forms later, breaks up earlier. In their complaint, the villagers asserted that global warming is the cause of changes to the sea ice, which thus, is damaging their property. They additionally alleged that respondents responsible for climate change and global warming, because of their participation in producing GHG emissions. Kivalina claimed the generation of GHG emissions is a federal and state public aggravation. Subsequently, Kivalina asserts that the Ener ...
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Tags: case Environmental