New York City saw its lawsuit to make energy companies that profit from fossil fuels responsible for helping to pay the costs of the effect of climate change, thrown out by Federal judge, John F Keenan. Keenan wrote that the detrimental economic effects of climate change had to be addresses by the executive branch and Congress, and not by the courts.
This decision marks the second defeat for governments hoping to see a judiciary ruling to help address problems compounded or created by climate change. The previous attempt was by the cities of San Francisco and Oakland which had their cases rejected by a federal district court last month.
Both cases were generally regarded as long shots and relied on the area of public nuisance under state common law, which allows courts to hold parties responsible for interfering with the use of property.
Judge Keenan rejected the notion that state law could be used to address the issue. Keenan wrote that using domestic courts to litigate issues of international greenhouse gas emissions, “would severely infringe upon the foreign-policy decisions that are squarely within the purview of the political branches of the U.S. government.”
San Francisco and New York City have both stated that they intend to appeal these decisions.
