Ninth Circuit Rules Global Warming Lawsuit Preempted By Congressional Action

The Ninth Circuit has affirmed the federal District Court's dismissal of the claim by the  native Alaskan village of Kivalina that several energy companies were responsible for global warming, which contributed to reduced sea ice, which caused the community to relocate their village. As Robert Cook of Bloomberg BNA reports: 

 The U.S. Court of Appeals for the Ninth Circuit held that the Clean Air Act and Environmental Protection Agency actions taken under the statute “displace” a claim by the native village and city of Kivalina for damages caused by greenhouse gas emissions by energy producers.

The Ninth Circuit's decision  did not reach the merits of the villagers' claims, but instead ruled that their common law claims have been preempted by legislative action:

In sum, the Supreme Court has held that federal common law addressing domestic greenhouse gas emissions has been displaced by Congressional action. That determination displaces federal common law public nuisance actions seeking damages, as well as those actions seeking injunctive relief. The civil conspiracy claim falls with the substantive claim. Therefore, we affirm the judgment of the district court. We need not, and do not, reach any other issue urged by the parties.

This was one  of several nuisance suits filed years ago  in an attempt to make money from the catastrophic global warming meme.  You can see the Ninth Circuit's decision here.