December 8, 2009
The National Association of Manufacturers has joined in an amicus brief in Comer v. Murphy Oil U.S.A. concerning the paramount issue of the day, whether global warming is a political question to be addressed through the policymaking branch of government. The NAM supports an appeal of an adverse decision by the U.S. Court of Appeals for the Fifth Circuit in a global warming public nuisance case. (The Oct. 22 opinion is here.)
The plaintiffs, Mississippi residents and property owners, allege that the emissions from more than 150 energy and manufacturing companies increased global warming and contributed to the severity of damages resulting from Hurricane Katrina. Our brief in support of the appeal argues that the plaintiffs' theory of liability would dramatically expand tort law beyond anything ever recognized because of the tenuous link between the alleged conduct and the alleged harm. In addition, this case involves a complex regulatory matter requiring the balancing of economic, environmental and international interests, and is constitutionally the domain of the political branches of government, not the courts.
The trial court had dismissed the case on these grounds, but a three-judge panel of the Fifth Circuit reversed, allowing the case to proceed. The NAM and the defendants want all the judges of the Fifth Circuit to review this ruling. The NAM’s brief will be posted at www.nam.org/briefs.
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