abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

4 Oct 2012

Author:
Steve W. Berman, Hagens Berman Sobol Shapiro LLP, & Heather Kendall-Miller, Native American Rights Fund, lawyers for Village of Kivalina

[PDF] Native Village of Kivalina v. ExxonMobil Corporation, et al. - Petition for Rehearing En Banc

The Court should grant rehearing en banc because the panel’s majority opinion directly conflicts with the Supreme Court’s holding in Exxon Shipping Co. v. Baker…The panel held that the federal Clean Air Act (“CAA”) displaces plaintiffs’ damages claim for injuries from global warming. It relied upon American Electric Power Co. v. Connecticut…, where the Supreme Court held the CAA displaced a claim seeking injunctive relief against greenhouse gas emissions. But in Exxon Shipping, the Supreme Court unambiguously held that a federal common law damages claim is not displaced by the Clean Water Act (“CWA”)…even though the CWA does displace a federal common law claim for injunctive relief…Consideration of Kivalina’s case by the en banc Court is necessary to secure and maintain compliance with Supreme Court precedent as well as to ensure uniformity between Kivalina and this Court’s decision in Exxon Shipping that the Supreme Court affirmed.

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.