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Bombshells in Climate Change Litigation: Two Major New Cases Expose Greenhouse Gas Emitters to Potential Liability



by Robert D. Mowrey
Alston & Bird LLP - Atlanta Office

David M. Meezan
Alston & Bird LLP - Atlanta Office

C. Max Zygmont
Alston & Bird LLP - Atlanta Office

October 23, 2009

Previously published on October 21, 2009

On October 16, 2009, the Fifth Circuit Court of Appeals reversed a federal district court decision that barred claims against energy, fossil fuel, and chemical industry defendants for damages allegedly associated with the intensification of Hurricane Katrina as a result of global climate change. See Comer v. Murphy Oil USA, et al. No. 07-60756 (October 16, 2009). The District Court had found the plaintiffs lacked standing to sue and that the case involved "political questions" that the federal courts are incapable of addressing.


 

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