Saturday, July 05, 2008

Finally! A Lawsuit Meant To Expose Big Oil And Climate Change

For a long time now we've known about the dangers of our oil addiction but have not done nearly enough to make a change. People have talked....and slowly acted to achieve a greener lifestyle but only now with high gas prices are Americans taking real notice. Well the oil companies certainly play a sinister role in all of this, determined to tell everyone that what they do isn't all that bad and sure, the weather is warmer but it isn't too bad and even if it is, it isn't their fault. Well now there is a lawsuit being put together to fight that deception.

From Democracy Now:


Attorney Stephen Susman helped file a groundbreaking lawsuit earlier this year on behalf of 400 Inupiat villagers in the Alaskan town of Kivalina who are being forced to relocate because of flooding caused by global warming. The suit accuses twenty oil, gas and electric companies, including ExxonMobil, Chevron, BP, ConocoPhillips and Peabody, of being responsible for emitting millions of tons of greenhouse gases causing the Arctic ice to melt.

STEPHEN SUSMAN:
"Well, this lawsuit was—in these cases, you need to find the right plaintiff. This was the perfect plaintiff, because it was a village that has—a Native village that has standing under federal law to bring a lawsuit. This is not a class action. The problem with all the tobacco cases, initially, was that they had to be brought as class actions. Individuals’ injuries were too different to be asserted in a class action, so none of the tobacco cases were certified for class treatment. They became successful when the lawyers figured out a way to represent the states, and they didn’t have to be class action, so the state was the perfect plaintiff seeking Medicaid reimbursement. Here, we have a perfect plaintiff: they have federal law standing to sue for injuries to their village, because they’re a Native tribe—it does not have to be a class action—and they have sustained the most direct kind of injury and of interest from global warming."

"An increase in the ambient temperatures in the Arctic prevents the sea ice from forming on the seaward side of this six-mile-long barrier island. And as a result, the harsh storms during the fall and winter wash over the island and are about to wash it away. So there is a direct consequence of the increase in temperatures. You know, you can think of other harms from global warming that are more indirect, like damages from storms. Kivalina was one of those, where, you know, well, the storms—the global warming warms the Gulf Stream, the Gulf Stream creates more severe weather, where the causation is more tenuous. Here, it was direct, people directly injured. The Corps of Engineers says that it will cost between $100 million and $300 million to relocate them to the mainland, which has to be done. And so, they were the perfect client."

It is fantastic news that there can be legal action on this subject. The lives of billions of people are effected by climate change all the time, but only up there in Arctic can a direct correlation be seen. A decision favoring these poor people would be tremendous in the legal world and for all victims of the oil industry.