Fifth Circuit Reverses and Remands Hurricane Katrina Case
The U.S. Court of Appeals for the 5th Circuit today reversed a district court decision that had dismissed claims for damages from GHG emissions that allegedly increased the ferocity of Hurricane Katrina on the grounds that plaintiffs’ complaint raised political questions. Comer. v. Murphy Oil USA, No. 07-60756 (5th Cir. Oct. 16, 2009). One day after the Kivalina Village district court rejected the approach taken by the 2nd Circuit in Connecticut v. AEP, the 5th Circuit ruled that the complaint in the Hurricane Katrina litigation did not raise political questions and that plaintiffs had standing to bring their private and public nuisance, trespass and negligence claims. The court affirmed the dismissal of plaintiffs’ unjust enrichment, fraudulent misrepresentation and civil conspiracy claims for lack of standing. The court remanded the case to the district court for further proceedings.
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