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Hurricane Katrina case reinstated (Comer v. Murphy Oil)
On 16 October 2009, the U.S. Court of Appeals for the Fifth Circuit overturned a district court dismissal in Comer v Murphy Oil, allowing this public nuisance litigation to go ahead. In the case victims of Hurricane Katrina are seeking compensation from CO2 emitters for loss of private property and use of public property.
The case alleged nuisance, negligence, trespass, unjust enrichment, civil conspiracy, and fraudulent misrepresentation. The Court of Appeals has allowed the first three claims to progress but not the last three.
Read media on the decision:
- Grist - A victory for Katrina victims; a defeat for Alaskan villagers
- The New York Times - Courts Follow Landmark 2nd Circuit Ruling With 2 Greenhouse Gas Decisions
- Lawfuel - Hurricane Katrina Victims Given Right To Sue
- Jurist - Fifth Circuit grants Katrina victims standing in global warming class action suit
