• California Attorney General Dismisses Appeal of Climate Change Suit against Automakers
  • July 14, 2009 | Authors: Kevin P. Holewinski; Kristin L. Parker
  • Law Firms: Jones Day - Washington Office; Jones Day - Chicago Office
  • On June 19, 2009, the California Attorney General filed with the U.S. Court of Appeals for the Ninth Circuit an unopposed motion to dismiss its appeal from a federal district court's order dismissing California v. General Motors Corp., No. 06-5755, 2007 WL 2726871 (N.D. Cal. Sept. 17, 2007), in which the U.S. District Court for the Northern District of California held that California's public nuisance suit for damages for alleged injuries relating to climate change presented a nonjusticiable political question.

    Briefing was completed in this appeal in August 2008, and oral argument was scheduled for May 8, 2009, but California had obtained a six-month continuance of the argument in view of possible federal action by the U.S. EPA. California listed various grounds for dismissing its appeal, including the likelihood of federal action by the U.S. EPA to regulate greenhouse gas emissions from motor vehicles, which it claimed would serve California's public welfare and environmental interest to such an extent that dismissal was appropriate.