Kivalina v. ExxonMobil Corporation, et al. is a lawsuit filed on February 26, 2008, in a United States district court. The suit based on the common law theory of nuisance claims monetary damages from the energy industry for the destruction of Kivalina, Alaska by flooding caused by climate change. The damage estimates made by the U.S. Army Corps of Engineers and the Government Accountability Office are placed between $95 million to $400 million.
The suit was dismissed by the United States district court on September 30, 2009, on the grounds that regulating greenhouse emissions was a political rather than a legal issue and one that needed to be resolved by Congress and the Administration rather than by courts.[1] An appeal was filed with the Ninth Circuit Court of Appeals in November 2009.[2][3][4][5][6] In September 2012, the panel of appeals judges decided not to reinstate the case.[7] The city appealed the court of appeals decision to the U.S. Supreme Court and on May 20, 2013 the Supreme Court justices decided not hear the case, effectively ending the city's legal claim.[8]
Village Issue
Kivalina is a traditional Inupiat Eskimo community of about 390 people and is located about 625 miles northwest of Anchorage. It is built on an 8-mile barrier reef between the Kivalina River and the Chukchi Sea.[9]
Sea ice historically protected the village, whose economy is based in part on salmon fishing plus subsistence hunting of whale, seal, walrus, and caribou.
But the Ice is forming Later and Melting Sooner because of Higher Temperatures, and that has left it unprotected from fall and winter storm waves and surges that pummel coastal communities.[9]
"The village is being wiped out by global warming and needs to move urgently before it is destroyed and the residents become global warming refugees", Kivalina's attorney, Matt Pawa of suburban Boston said. "It's battered by winter storms and if residents don't get some money to move, the village will cease to exist."[9]."..."
In 1953 the size of the village was roughly 54 acres but due to accelerating erosion activity, the village is currently at 27 acres.".."[10]