(Adds details from decision, comment, background, case
citation, bylines)
By Jonathan Stempel and Sebastien Malo
NEW YORK, April 1 (Reuters) - 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.
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 nuisance
law for damages caused by the companies' "admittedly legal"
production and sale of fossil fuels, and said the city's federal
common law claims were displaced by the federal Clean Air Act.
"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."
Sullivan added that while the Clean Air Act did not address
emissions from outside the country, foreign policy concerns and
the risk of courts "stepping on the toes of the political
branches" barred the city's lawsuit.
Nick Paolucci, a spokesman for the city's law department,
said the city was 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. Thursday's decision upheld a July 2018 dismissal by
U.S. District Judge John Keenan in Manhattan.
New York City's lawsuit was an early effort among U.S.
states and municipalities to turn to the judiciary and invoke
state law to address climate change.
Since Keenan's ruling, some have turned to state courts to
make their cases.
The appeals court decision "confirms the wisdom of filing
state common law lawsuits in state courts that are unlikely to
be controlled by federal law," said Robert Percival, a
University of Maryland law professor.
In January, two New York City public pension funds voted to
divest $4 billion in fossil fuel investments.
The case is City of New York v Chevron Corp et al, 2nd U.S.
Circuit Court of Appeals, No. 18-2188.
(Reporting by Jonathan Stempel and Sebastien Malo in New York
Editing by Chizu Nomiyama, Jonathan Oatis and David Gregorio)
