Yesterday, Judge Keenan dismissed a complaint against several producers of fossil fuels that asked the court to address the producers’ role in the effects of climate change. The complaint, filed by the City of New York, alleged that the defendants had known for decades about the effects of their fossil fuel emissions on the global climate but continued to promote these fuels. The City alleged it was harmed when it had to take additional steps to protect the City and its infrastructure from the effects of climate change, including rising sea levels and intense storms like Hurricane Sandy.
Judge Keenan held that the state law claims alleged in the complaint were preempted by the federal Clean Air Act. According to Judge Keenan: Continue Reading