A recent ruling by the U.S. Court of Appeals for the 9th District refused standing to alarmist environmentalists, including the Sierra Club, because they could not demonstrate that CO2 emissions from refineries in Washington State causes environmental harm in Washington state. It is important to note that the Court assumed “without deciding” that the CO2 caused injury in Washington State, suggesting that had the state pushed back on that issue, the “injury” may not have been shown either, because there are simply too many potential causes of that kind of environmental effect.E&E Legal has been advising clients on both standing and the factual underpinnings necessary for climate change litigation. This case is in line with our reliance on well founded evidence that the cause of the small amount of climate change occurring over the past 100 years is too uncertain to support climate change litigation intended to shutter this nation’s energy resources.
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