Oil Companies Defeat New York City Appeal Over Global Warming

A federal appeals court on Thursday rejected New York City’s effort to hold five major oil companies liable to help pay the costs of addressing harm caused by global warming.

Source: Reuters | Published on April 1, 2021

Oil refinery at twilight

Ruling in favor of BP Plc, Chevron Corp, ConocoPhillips, Exxon Mobil Corp and Royal Dutch Shell Plc, the 2nd U.S. Circuit Court of Appeals in Manhattan said the regulation of greenhouse gas emissions should be addressed under federal law and international treaties.

It rejected the city’s efforts to sue under state law for trespass and creating a nuisance.

“Global warming presents a uniquely international problem of national concern,” Circuit Judge Richard Sullivan wrote for a three-judge panel. “It is therefore not well-suited to the application of state law.”

New York City’s lawsuit was one of the earliest efforts by U.S. states and municipalities to turn to the judiciary and invoke state law in seeking help to address climate change.

Nick Paolucci, a spokesman for the city’s law department, said the city is disappointed it could not hold the oil companies “accountable for the environmental damage they knew their products would cause.”

The companies did not immediately respond to requests for comment.