Two more ambitious lawsuits would be hard to image: In 2017, the cities of Oakland and San Francisco filed separate public nuisance lawsuits against five of the world’s biggest energy companies, seeking to hold them responsible for the local effects of sea level rise.
On Monday, the U.S. Supreme Court declined to throw the suits out of court, although the cases still face many daunting obstacles ahead.
The theory of the cases is that through “massive production” of fossil fuels, the energy companies — Chevron Corporation, BP LLC, ConocoPhillips, ExxonMobil Corporation and Royal Dutch Shell PLC — have contributed to “global warming-induced sea level rise,” which the cities have to spend enormous sums to abate. According to the cities, the energy companies should fund a “climate change adaption program,” which would include building sea walls and the other infrastructure needed because of climate change.
Asserting the claims “in the name of the people of the State of California,” the suits were initially filed under state law in the Superior Courts of Alameda and San Francisco counties.
Not surprisingly, with billions of dollars at issue, the energy companies engaged some of the most prominent law firms and lawyers in the United States. Among their first moves was to get the cases out of state court.
In October 2017, the energy companies “removed” both of the cases from state court to U.S. District Court for the Northern District of California, where they were assigned to District Judge William Alsup.
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