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Attorney: Heather Kendall-Miller
Case Update
Global warming is wreaking havoc in Alaska. In recent years scientists have documented melting ocean ice, rising oceans, rising river temperatures, thawing permafrost, increased insect infestations, animals at risk and dying forests. Alaska Natives are the peoples who rely most on Alaska's ice, seas, marine mammals, fish and game for nutrition and customary and traditional subsistence uses; they are thus experiencing the adverse impacts of global warming most acutely.
In 2006, during the Alaska Forum on the Environment, Alaska Native participants described increased forest fires, more dangerous hunting, fishing and traveling conditions, visible changes in animals and plants, infrastructure damage from melting permafrost and coastal erosion, fiercer winter storms, and pervasive unpredictability. (Dan Joling, Associated Press, 2/7/07). Virtually every aspect of traditional Alaska Native life is impacted. As noted in the recently released Arctic Climate Impact Assessment 2004 (ACIA), indigenous peoples are reporting that sea ice is declining, and its quality and timing are changing, with important negative repercussions for marine hunters. Others are reporting that salmon are diseased and cannot be dried for winter food. There is widespread concern about caribou habitat diminishing as larger vegetation moves northward. Because of these and other dramatic changes, traditional knowledge is jeopardized, as are cultural structures and the nutritional needs of Alaska's indigenous peoples.
NARF successfully gathered 162 Tribal and Corporate Resolutions calling on Congress and the Executive Office to adopt legislation reducing carbon emissions. The resolutions were carried to Washington, D.C. by tribal leaders and presented to the Alaska Delegation on Climate Change Crisis Day, March 20th and 21st. A successful meeting with Congressman Markey followed and resulted in interest to convene hearings on climate change impacts on indigenous peoples. The Alaska Climate Impact Assessment Commission, which is charged with assessing the effects and costs of global warming on Alaskans, will hold its final hearing on climate change impacts in Anchorage, Alaska on October 10, 2007.
In addition, a law suit was filed on February 26, 2008.Native Village of Kivalina v. Exxon Mobil, et al, No. CV 08-01138 SBA (N.D. Cal.)The Native Village of Kivalina, which is a federally recognized Indian Tribe, and the City of Kivalina, which is an Alaskan municipality, filed suit on their own behalf and on behalf of all tribal members against defendants ExxonMobil Corp., Peabody Energy Corp., Southern Company, American Electric Power Co., Duke Energy Co, Chevron Corp., and Shell Oil Co., among others. In total there are nine oil company defendants, fourteen electric power company defendants and one coal company defendant. The suit claims damages due to the defendant companies' contributions to global warming and invokes the federal common law of public nuisance. The suit also alleges a conspiracy by some defendants to mislead the public regarding the causes and consequences of global warming. Defendants filed their motions to dismiss for lack of jurisdiction on June 30, 2008. Plaintiffs filed their Opposition to Motion to Dismiss on August 31st. Defendants filed their reply brief on November 18, 2008. We are now waiting for a decision from the Court.
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