Comer v. Murphy Oil USA, Inc.

Comer v. Murphy Oil USA, Inc., No. 05-CV-436LG (S.D. Miss. Aug. 30, 2007).

A group of Gulf Coast property owners filed a lawsuit against energy companies for their contributions to climate change, which the plaintiffs claimed contributed to the intensity of Hurricane Katrina.  The plaintiffs sought damages under the tort theories of unjust enrichment, civil conspiracy and aiding and abetting, public and private nuisance, trespass, negligence, and fraudulent misrepresentation and concealment.

The defendants were granted their motion to dismiss, because the court found that the plaintiffs did not have standing and raised non-justiciable questions according to the political question doctrine.  The standing decision was based on the Court’s determination that the harm was not traceable to individual defendants.  The Court’s finding of a non-justiciable question was based on the Court’s determination that more guidance from the executive and legislative branches was necessary in order for the court to create a culpability standard.  The Court also dismissed claims against parties who did not join the motion to dismiss sua sponte, or without provocation from a party before the court, due to the plaintiffs’ lack of standing.  The plaintiffs filed an appeal with the Fifth Circuit Court of Appeals on September 28, 2007.  The appellate decision in the case is still pending.

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