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Home / Business / Losing Streak occurs when New York City, Hired Guns defeated in the climate change case of Big Oil

Losing Streak occurs when New York City, Hired Guns defeated in the climate change case of Big Oil




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The climate bill of New York mayor Bill de Blasio has so far been unsuccessful, as a federal judge overruled the proceedings (AP Photo / Julio Cortez)

Federal Judge continue to reject the efforts of private lawyers who have a financial stake in government officials' claims against the oil industry about the alleged effects of climate change.

On Thursday, a federal judge was released from New York The lawsuit filed by New York City and Hagens Berman lawyers Those who worked on a contingency fair against five of the world's largest oil companies found that the issue had already been decided by the US Supreme Court.

It is not the job of Judge John Keenan wrote: "This task lies with the federal government "says Keenan and supports the thoughts of the California federal judge, who filed suit in San Francisco and Oa lland threw 659003]

It is another blow to the plaintiff group that has cases of climate change in federal courts.

"Although the city agrees that the federal law is long applied to lawsuits against" direct emitters of interstate pollutions "its claims are not governed by federal law because" the city is liable for the production and sale of fossil fuels the defendants justified ̵

1; not direct emissions of [greenhouse gases]"wrote Keenan.

" Regardless of how the city framed their claims into their opposition, the amended appeal makes it clear that the city is seeking compensation for greenhouse gases and not greenhouse gases only for the production of fossil fuels of the defendant.

All but one in the recent chain of lawsuits on climate change are in federal court, with several California districts and cities spurring things over the past year, and a federal judge has remanded their cases to a state court to deal with issues

But defendants – Chevron, BP, Exxon, Royal Dutch Shell, and ConocoPhillips – have appealed those sentences to the US Court of Appeals for the Ninth Circle.

Judge William Alsup, however, withdrew the cases of San Francisco and Oakland and declared federal jurisdiction over them, then thrown them out of court.

King County, Wash., Uses the same private lawyers working on a contingency charge as do many of the plaintiffs Federal Court.

Boulder, Colo., Looked as if it would be free to negotiate his case in the State Court, but recently ruled the suit too Filing an amended lawsuit allowed the Defendant Exxon and Suncor to bring the case to the Colorado Federal Court, where it is heard by a judge appointed by President George W. Bush.

The case of Rhode Island Attorney General Peter Kilmartin is the only court case, although the time limit for the many defendants to remove it in federal court has not expired.

New York Mayor Bill de Blasio used the law firm Hagens Berman for his case, as many of the other plaintiffs have done, a theory of "public harassment" in the oil industry

Unfortunately for the plaintiffs there is a precedent of the US Supreme Court, which states that it is the task of the Environmental Protection Agency to pass the Clean Air Act and regulate greenhouse gases [19659003] "First, it is not clear that the defendant's production of fossil fuels and the resulting emissions in New York City It has been an "illegal invasion" since the city benefits from it The use of fossil fuels as an energy source has been commonplace for many decades, "Keenan wrote.

"More importantly, the EPA's Congress has expressly transferred what constitutes a fair amount of greenhouse gas emissions under the Clean Air Act."

These lawsuits were resisted by several Republican prosecutors and the Trump administration. The opposition to the cases argues that the legislature and the executive have the task of regulating greenhouse gases.

When these cases were filed, that was not surprising. In Rhode Island, the state previously tried a similar "public harassment" theory to the former makers of lead paint. Boulder has a history of combating climate change, and Washington's King County is home to Hagens Berman's headquarters.

And California and New York are considered two of the country's cheapest jurisdictions for claimants.

"We are delighted with Judge Keenan's decision today to overturn the city's groundless climate regime, New York is already a haven for excessive litigation, and this type of lawsuit only adds to the problem," Tom Stebbins said. Managing Director of the New York Lawsuit Reform Alliance.

"Trial lawyers seek to politicize the legal system and extend tort law far beyond its goals in search of the next litigation jackpot.

" Unplained, for-profit litigators should not push public policy through the courts. That is not the role of the civil law system; It is the domain of the Congress and the legislatures of the state – elected civil servants who are accountable to the people. "

One final note: Exxon's defense involves attacking Californian cities and districts as they file bonds, and a Texas judge has found out that these communities were telling conflicting stories – they claimed they were capable, potential Investors Bonds to Borrow These Dangers.

The Californian plaintiffs have appealed against this ruling paving the way for statements and a lawsuit against government officials and Hagens Berman lawyer Matt Pawa.

From Legal Newsline: Reaching Editor John O & # 39; Brien at John.obrien@therecordinc.com.

"> [19659028] The New York City Climate Change Bill Bill de Blasio has been unsuccessful since a federal judge overturned it out of court. (AP Photo / Julio Cortez)

Federal judges continue to refuse private prosecutors 'efforts to financially participate in government officials' complaints against the oil industry about the alleged effects of climate change

On Thursday, a federal judge from New York dismissed the New York lawsuit City off Hagens Berman's lawyers are working on a contingent fine against five of the world's largest oil companies, noting that the issue has already been decided by the US Supreme Court.

It is not the job of the judiciary to regulate greenhouse gases, Judge John Keenan wrote. According to Keenan, this task lies with the federal government and supports the thoughts of the California federal judge, who sued San Francisco and Oakland in June.

It is another blow for the plaintiffs that there are cases of climate change in federal courts

"Although the city agrees that the federal law has long applied to" claims against "direct emitters of interstate pollution," she claims that their claims are not governed by federal law, because "the city's liability for accused" production and sale of fossil fuels – not direct emissions of [greenhouse gases] "Keenan wrote.

" Notwithstanding the way in which the city made its allegations framed in its opposition clause, the amended complaint makes it clear that the city is seeking compensation for the greenhouse gas-related damage caused by global warming and not just the defendant's fossil fuel production. The latest batch of climate change lawsuits is in federal court, with several California districts and cities spurring things over last year and a federal judge remanding their cases to a state court to deal with However, defendants – Chevron, BP, Exxon, Royal Dutch Shell, and ConocoPhillips – have appealed those sentences to the US Court of Appeals for the Ninth Circle.

Judge William Alsup, however, withdrew the cases of San Francisco and Oakland and declared federal jurisdiction over them, then thrown them out of court.

King County, Wash., Uses the same private lawyers who work on a contingency charge as do many of the plaintiffs Boulder, Colo., looked as if it would be free to negotiate his case in the State Court, but recently ruled the K able to amend an application for civil conspiracy. Filing an amended lawsuit allowed the Defendant Exxon and Suncor to bring the case to the Colorado Federal Court, where it is heard by a judge appointed by President George W. Bush.

The case of Rhode Island Attorney General Peter Kilmartin is the only court case, although the time limit for the many defendants to remove it in federal court has not expired.

New York Mayor Bill de Blasio used the law firm Hagens Berman for his case, as many of the other plaintiffs have done, a theory of "public harassment" in the oil industry

Unfortunately for the plaintiffs there is a precedent of the US Supreme Court, which states that it is the task of the Environmental Protection Agency to pass the Clean Air Act and regulate greenhouse gases [19659003] "First, it is not clear that the defendant's production of fossil fuels and the resulting emissions in New York City It has been an "illegal invasion" since the city benefits from it The use of fossil fuels as an energy source has been commonplace for many decades, "Keenan wrote.

"More importantly, the EPA's Congress has expressly transferred what constitutes a fair amount of greenhouse gas emissions under the Clean Air Act."

These lawsuits were resisted by several Republican prosecutors and the Trump administration. The opposition to the cases argues that the legislature and the executive have the task of regulating greenhouse gases.

When these cases were filed, that was not surprising. In Rhode Island, the state previously tried a similar "public harassment" theory to the former makers of lead paint. Boulder has a history of combating climate change, and Washington's King County is home to Hagens Berman's headquarters.

And California and New York are considered two of the country's cheapest jurisdictions for claimants.

"We are delighted with Judge Keenan's decision today to overturn the city's groundless climate regime, New York is already a haven for excessive litigation, and this type of lawsuit only adds to the problem," Tom Stebbins said. Managing Director of the New York Lawsuit Reform Alliance.

"Trial lawyers seek to politicize the legal system and extend tort law far beyond its goals in search of the next litigation jackpot.

" Unplained, for-profit litigators should not push public policy through the courts. That is not the role of the civil law system; It is the domain of the Congress and the legislatures of the state – elected civil servants who are accountable to the people. "

One final note: Exxon's defense involves attacking Californian cities and districts as they file bonds, and a Texas judge has found out that these communities were telling conflicting stories – they claimed they were capable, potential Investors Bonds to Borrow These Dangers.

The Californian plaintiffs have appealed against this ruling paving the way for statements and a lawsuit against government officials and Hagens Berman lawyer Matt Pawa.

From Legal Newsline: Reaching Editor John O & # 39; Brien at John.obrien@therecordinc.com.


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