Comer, et al. v. Murphy Oil USA, et al., 585 F.3d 855 (5th Cir. 2009)

(plaintiff class, residents and landowners of lands and property along the Mississippi Gulf coast have standing to assert public and private nuisance, trespass and negligence claims against defendants for emission of greenhouse gasses that allegedly contributed to "global warming" that allegedly caused a rise in sea levels and added to the ferocity of Hurricane Katrina which combined to destroy plaintiffs' private property and public property that was useful to them; claims were not non-justiciable political questions; but, plaintiffs' unjust enrichment, fraudulent misrepresentation and civil conspiracy claims dismissed for lack of standing; case remanded; case could have been dismissed for plaintiffs inability to establish proximate causation, but trial court had dismissed case without relying on that ground so appellate court did not address the issue; case remanded and it is anticipated that trial court will dismiss case due to plaintiffs inability to establish causal connection).

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