Post by curiousgeorge on Jun 2, 2010 1:19:52 GMT
This is a very interesting outcome, and a great thread, but you better put your lawyer hats on. 
Link: wattsupwiththat.com/2010/06/01/greenhouse-emissions-lawsuit-dismissed/#more-20116
Quote:
Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?
On May 28, 2010, in a startling decision in perhaps the most important and certainly the most topsy-turvy climate change tort case against the utility, chemical, and oil and gas industry, the United States Court of Appeals for the Fifth Circuit handed industry a victory by dismissing the appeal in Comer v. Murphy Oil. The decision follows a complex procedural path: a favorable district court decision for industry dismissing the case, a decision of a three-judge panel of the Fifth Circuit handing the plaintiffs a victory by reversing that dismissal, and an order of the full court en banc vacating that reversal and ordering further briefing and oral argument before the full court.
endquote
If you are not familier with the case, this is it in a nutshell, and the Plaintiffs lost, the plaintiffs be the property owners. How the decision was reached is quite an education. "In Comer, plaintiffs filed a putative class action against a wide range of energy, fossil fuel, and chemical companies, claiming they (a) generated greenhouse gases (b) which caused global warming, (c) which increased global surface air and water temperatures, (d) which in turn caused a rise in sea levels and strengthened Hurricane Katrina, and (e) which all then combined to damage their homes and property. "
Link: wattsupwiththat.com/2010/06/01/greenhouse-emissions-lawsuit-dismissed/#more-20116
Quote:
Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?
On May 28, 2010, in a startling decision in perhaps the most important and certainly the most topsy-turvy climate change tort case against the utility, chemical, and oil and gas industry, the United States Court of Appeals for the Fifth Circuit handed industry a victory by dismissing the appeal in Comer v. Murphy Oil. The decision follows a complex procedural path: a favorable district court decision for industry dismissing the case, a decision of a three-judge panel of the Fifth Circuit handing the plaintiffs a victory by reversing that dismissal, and an order of the full court en banc vacating that reversal and ordering further briefing and oral argument before the full court.
endquote
If you are not familier with the case, this is it in a nutshell, and the Plaintiffs lost, the plaintiffs be the property owners. How the decision was reached is quite an education. "In Comer, plaintiffs filed a putative class action against a wide range of energy, fossil fuel, and chemical companies, claiming they (a) generated greenhouse gases (b) which caused global warming, (c) which increased global surface air and water temperatures, (d) which in turn caused a rise in sea levels and strengthened Hurricane Katrina, and (e) which all then combined to damage their homes and property. "
