Update August 24, 2005:
IN LANDMARK DECISION AGAINST BUSH ADMINISTRATION, FEDERAL COURT RECOGNIZES HARM CAUSED BY GLOBAL WARMING
Lawsuit by Environmental Groups and Cities Goes Forward
A federal judge in California ruled yesterday against the federal government and allowed the groundbreaking climate change lawsuit to proceed. The landmark decision is the first time that a federal court has specifically granted legal standing for a lawsuit exclusively challenging the Federal government's failure to evaluate the impacts of its actions on the earth's climate and U.S. citizens.
View the judge's decision
Update March 22, 2005: The U.S. Government attempted to move the case from California to Washington, D.C. Despite the fact that all of the Plaintiffs are either based, or have offices in California, the trial court granted the Government's request.
In response, the Plaintiffs filed a mandamus petition with the Ninth Circuit Court of Appeals explaining the hardship, particularly to the Cities of Oakland, Arcata, and Santa Monica, of litigating in a distant court.
The Ninth Circuit ordered that the case shall remain in California.
The Government is now claiming that this case should be dismissed because: (1) the Plaintiffs lack standing, (2) OPIC and ExIm have not taken any action subjecting them to judicial review, and (3) that OPIC is exempt from complying with NEPA.
The Plaintiffs have opposed the Government's claims. A hearing on these issues will take place in the U.S. Court House in San Francisco on April 29th, 2005.