Global warming has hit the courts: Victims of Hurricane Katrina have filed a class action lawsuit against large oil companies claiming that Big Oil’s “operation of energy, fossil fuels, and chemical industries in the U.S. caused the emission of greenhouse gasses that contributed to global warming,” according to documents reviewed by the AFP. The plaintiffs are residents of southern Mississippi, which was pretty much destroyed when Katrina came through.
The lawsuit isn’t new — the plaintiffs first first filed suit a couple weeks after the storm hit in August 2005, likely to avoid any statute of limitations issues — and when it was first filed, the district court tossed it out, ruling that the issue was “a debate which simply has no place in the court.” Three federal appeals court judges held in October of 2009 that the case could be heard — but now the court is demanding a new hearing, this time with nine judges.
These plaintiffs might have a case. They certainly have clear and provable damages — the storm annihilated entire towns in Mississippi. But the massive gaping IF in this lawsuit is the plaintiffs’ ability to draw a direct link between the damage caused to their lives and property, and the actions of Big Oil. Doing this involves decisively linking a load of other very difficult and full-of-variables items, including:
1) Proving that the storm was caused/exacerbated by global warming;
2) Proving that the damage was a direct result of this increase in the storm’s severity, and not the negligence of city, state, and federal officials who failed to build and maintain adequate infrastructure;
3) Proving that, if the storm WAS caused by global warming, Big Oil’s actions were a primary cause of said warming, as opposed to the myriad other causes of carbon emissions.
And on and on — you get the idea. Picture years of depositions, entire warehouses of documents, and utterly befuddled jurors who can’t really be expected to parse the nuances of climate science and politics (the two are hopelessly intertwined at this point - they can’t be separated). All of which adds up to collective time, money, and resources that might be better spent focused on rebuilding efforts and initiatives for alternative energy and emissions reduction.
There’s also the long-term effects to consider if the plaintiffs actually win — would it open the doors for every storm victim in the country to sue Shell and Chevron?