Interestingly, the city hasn’t said word one about giving up its own use of fossil fuels, banning the sale of fossil fuels in town, telling its residents to stop using fossil fuels, nor telling tourists to not bring their fossil fueled vehicles to town
(San Diego Tribune) A federal judge earlier this week may have tossed out a lawsuit brought by officials for the cities of San Francisco and Oakland, seeking to hold oil companies such as Chevron, BP and ExxonMobil liable for any costs related to climate change, but the mayor of Imperial Beach says a similar lawsuit his town is taking part in will proceed.
“I will continue to stand up for our residents and businesses by holding these companies accountable for the costs and damages they’ve knowingly inflicted on Imperial Beach,†Serge Dedina said in an email.
But defenders of the energy companies say communities filing such litigation should move on.
“Other municipalities around the country who have filed similar lawsuits should take note as those complaints are likely to end the same way,†Jay Timmons, CEO of the National Association of Manufacturers, said in a statement.
In other words, this is a shakedown attempt. But, the oil companies are not playing ball.
Coastal flooding, Imperial Beach city officials said, will lead to $38 million in damages to residential and commercial buildings and erosion will affect property valued at more than $106 million.
Imperial Beach is near San Diego, and very close to the US-Mexico border. The San Diego tide gauge shows a minuscule 2.17mm a year increase, equivalent to .71 feet over 100 years, exactly average for the Holocene, meaning well below the sea rise expected during a Holocene warm period. They should be worried more about earthquakes, as well as illegal alien criminals trotting through their city.
Dedina and others supporting the lawsuits said they expect to receive a more favorable ruling in California state court, where their litigation was originally filed.
“Judge Alsup’s ruling has virtually no impact on our lawsuit,†Dedina said. “His order was based solely on federal common law, while our lawsuits are on their way back to state court where they belong, and are still moving forward under a variety of state common law claims.â€
Is Dedina saying California courts are biased and shady? Anyhow, the fossil fuels companies like Exxon have deep pockets and lawyers on staff, and, even if Imperial Beach wins in California, it will be appealed to higher courts.
Earlier this year, ExxonMobil responded to the lawsuit filed by Imperial Beach and other communities by submitting a 60-page court petition in its home state of Texas, saying the municipalities may be claiming harm but did not disclose such risks when they made bond offerings to potential investors.
Some see the filing as laying the groundwork for ExxonMobil to counter-sue. Texas laws allow companies headquartered in the Lone Star State to seek protection against lawsuits.
I still say Exxon should refuse to sell its products to cities like Imperial Beach.
