Description: Action brought by New York City against fossil fuel companies seeking damages for climate change-related injuries.
City of New York v. BP p.l.c.
Filing Date Type File Action Taken Summary 03/02/2018 Letter Download Letter submitted jointly by parties regarding proposed scheduling order. In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based defendants’ personal jurisdiction motions and also to defer briefing on foreign-based defendants’ motions to dismiss until after the court rules on the U.S.-based companies motion that raises issues under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. New York City’s response to the 12(b)(1) and 12(b)(6) issues is due on March 30. 02/23/2018 Motion to Dismiss Download Memorandum of law filed by U.S.-based defendants addressing common grounds in support of their motions to dismiss. U.S.-Based Fossil Fuel Companies Filed Motions to Dismiss New York City’s Climate Change Lawsuit. The three U.S.-based fossil fuel companies sued by New York City in its lawsuit seeking damages for climate change impacts filed motions to dismiss on February 23, 2018. The three U.S.-based companies are Chevron Corporation, Exxon Mobil Corporation, and ConocoPhillips. In a joint memorandum of law, these companies argued that New York City’s claims arise under federal common law and that the Clean Air Act has displaced the federal common law or, alternatively, that the plaintiffs’ “expansive derivative theory of liability” fails to state a claim that complies with federal common law standards. The defendants also argued that the claims infringe on the federal foreign affairs power, are barred by the Commerce Clause and Due Process and Takings Clauses, and are preempted by federal law. In addition, the three companies contended that the City does not state viable state law claims and that the claims are not justiciable because they do not present a justiciable case or controversy; because they present political questions; and because the City lacks standing. 02/23/2018 Motion to Dismiss Download Memorandum of law filed in support of Exxon Mobil Corporation's motion to dismiss for lack of personal jurisdiction. 01/09/2018 Complaint Download Complaint filed. New York City Sues Five Largest Fossil Fuel Companies for Climate Change Damages. New York City filed a federal lawsuit against the five largest investor-owned fossil fuel producers seeking costs the City had incurred and would continue to incur to protect itself and its residents from the impacts of climate change. The City filed the lawsuit in the federal district court for the Southern District of New York. The City alleged that the defendants “produced, marketed, and sold massive quantities of fossil fuels” despite knowing for many years that the use of fossil fuels caused emissions of greenhouse gas emissions that would accumulate and remain in the atmosphere for centuries, causing “grave harm.” The City alleged that the five defendants were responsible “for over 11% of all the carbon and methane pollution from industrial sources that has accumulated in the atmosphere since the dawn of the Industrial Revolution” and that the defendants also were responsible “for leading the public relations strategy for the entire fossil fuel industry, downplaying the risks of climate change and promoting fossil fuel use despite the risks.” The City charged that the defendants’ actions constituted an unlawful public and private nuisance and an illegal trespass on City property. The climate change-related injuries alleged by the City included more frequent and more intense heat waves, extreme precipitation, and sea level rise. In addition to money damages, the City seeks an equitable order ascertaining the damages and granting an injunction to abate the public nuisance and trespass should the defendants fail to pay the damages for past and permanent injuries.