Friends of the Earth, Greenpeace, City of Boulder, Colo., City of Santa Monica, City of Arcata, City of Oakland v. The Export-Import Bank of the United States, Overseas Private Investment Corp.
Published: Jul. 7, 2009 | Result Date: Feb. 9, 2009 | Filing Date: Jan. 1, 1900 |Case number: 3:02-cv-04106-JSW Settlement – Nonmonetary
Court
USDC Northern
Attorneys
Plaintiff
Adam W. Radinsky
(Office of the Santa Monica City Attorney)
Defendant
Facts
Friends of the Earth, Greenpeace, City of Boulder, City of Santa Monica, City of Arcata, and City of Oakland sued the Export-Import Bank of the United States and the Overseas Private Investment Corp., alleging violations of the National Environmental Policy Act (NEPA).
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that the defendants financed fossil fuel projects, which produced 8 percent of the world's annual carbon dioxide emissions. The cities claimed that the projects financed by the defendants caused global warming, resulting in negative impacts on the cities.
DEFENDANT'S CONTENTIONS:
The defendants argued that the effects of global climate change were too remote and speculative to require environmental review. In addition, they claimed that they were exempt from NEPA.
Result
The parties reached a settlement whereby the Export-Import Bank agreed to consider carbon dioxide emissions in evaluating projects, and Overseas Private Investment Corp. agreed to establish the goal of reducing emissions by 20 percent over the next 10 years.
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