Court Dismisses “Global Warming” Lawsuit

- by Roger McEowen

The state of California sued General Motors and the other major auto manufacturers for public nuisance under both federal and state law.  The basis for the lawsuit was that “global warming” is caused by emissions of greenhouse gases, primarily carbon dioxide from fossil fuel combustion.”  But, the court tossed the case on the basis that the state had raised a “nonjusticiable political question” – i.e., an issue that is, in essence, political and over which the courts do not have jurisdiction.  On that point, the court noted that a recent U.S. Supreme Court opinion has laid the groundwork for the federal government to regulate greenhouse gas emissions.  So, it’s up to the Congress to deal with the matter, if necessary, not the federal courts.  Also, the court noted that there is no recognized federal tort claim for nuisance arising from “global warming.”  But, the state could try the case in the California state courts. 

The plaintiff also appeared to have its science wrong.  Carbon dioxide is not a “pollutant,” but rather a naturally occurring atmospheric substance which makes up about .054 percent of the atmosphere.  Also, volcanoes produce far more carbon dioxide than humans, animals produce more carbon dioxide than volcanoes, and decaying vegetation produces more carbon dioxide than animals.  Had the case not been dismissed, the same legal theories could have been used in litigation against livestock owners.  People v. General Motors Corporation, et al., No. C06-05755 MJJ (N.D. Cal. Sept. 17, 2007).