Washington Examiner has the story: Federal judge dismisses New York City’s climate change lawsuit against Big Oil Excerpts below in italics with my bolds.

A federal judge Thursday dismissed New York City’s lawsuit against major oil companies for their contribution to climate change, the latest in a string of suits filed by cities to be tossed aside.

“Global warming and solutions thereto must be addressed by the two other branches of government,” U.S. District Court Judge John Keenan ruled in dismissing the city’s climate lawsuit, saying the matter should not be handled by the courts. He added that Congress has already delegated to the Environmental Protection Agency the authority to regulate greenhouse gas emissions, so it’s not the job of the courts.

Keenan, of the U.S. District Court for the Southern District of New York, is an appointee of former President Ronald Reagan, a Republican.

In January, New York City sued Exxon Mobil, Chevron Corp., BP, Shell, and ConocoPhillips to help pay for the costs of climate change, trying to hold them responsible for any damage to the city caused by global warming.

Just last week, U.S. District Court Judge William Alsup dismissed similar lawsuits filed by the cities of San Francisco and Oakland, stating in an order: “No plaintiff has ever succeeded in bringing a nuisance claim based on global warming.”

Alsup, of the U.S. District Court for the Northern District of California, is an appointee of former President Bill Clinton, a Democrat.

The cities have argued that big oil companies have promoted fossil fuel use and deliberately concealed that they knew climate change could harm coastal cities, meaning they should have to pay for seawalls and other infrastructure to protect against rising sea levels.

Oil companies say that courts cannot rule on broad and speculative issues such as the impact of business decisions on climate change.

Despite the setbacks, environmentalists continue to increase the pressure for similar lawsuits, seeing them as a key tactic to publicly criticize the industry for its role in producing energy that exacerbates climate change.

Earlier this month, Rhode Island became the first state to file such a lawsuit. Rhode Island Attorney General Peter F. Kilmartin filed the lawsuit in state court against 21 companies that included Exxon Mobil, Chevron, and BP.

JOHN F. KEENAN, United States District Judge Ruling July 19, 2018 Excerpts below in italics with my bolds give the flavor of the judge’s thinking.

Although the amended complaint contains extensive allegations regarding Defendants’ past attempts to deny or downplay the effects of fossil fuel use on climate change, in their motion to dismiss, Defendants do not dispute the scientific consensus that greenhouse gas emissions from fossil fuel use have contributed to global warming.

The City alleges that Defendants’ ongoing conduct continues to exacerbate global warming and cause recurring injuries to NewYork City. (Id. ¶ 9.) Defendants continue to produce, market, distribute, and sell fossil fuels in massive quantities; to promote fossil fuel consumption in these massive quantities; and to downplay the threat posed by climate change. (Id. ¶ 131.) This ongoing conduct will cause increasingly severe injuries to New York City, including new and more significant encroachments upon and interferences with City property, and increasingly severe threats to public health.

The City requests compensatory damages for past and future costs incurred by the City to protect its infrastructure and property, and to protect the public health, safety, and property of its residents from the impacts of climate change.

However, regardless of the manner in which the City frames its claims in its opposition brief, the amended complaint makes clear that the City is seeking damages for global-warming related injuries resulting from greenhouse gas emissions, and not only the production of Defendants’ fossil fuels.

From BP Brief: If ever a problem cried out for a uniform and comprehensive solution, it is the geophysical problem described by the complaints, a problem centuries in the making (and studying) with causes ranging from volcanoes, to wildfires, to deforestation to stimulation of other greenhouse gases—and, most pertinent here, to the combustion of fossil fuels.

As an initial matter, it is not clear that Defendants’ fossil fuel production and the emissions created therefrom have been an “unlawful invasion” in New York City, as the City benefits from and participates in the use of fossil fuels as a source of power, and has done so for many decades. More importantly, Congress has expressly delegated to the EPA the determination as to what constitutes a reasonable amount of greenhouse gas emission under the Clean Air Act.

The Court recognizes that the City, and many other governmental entities around the United States and in other nations, will be forced to grapple with the harmful impacts of climate change in the coming decades. However, the immense and complicated problem of global warming requires a comprehensive solution that weighs the global benefits of fossil fuel use with the gravity of the impending harms. To litigate such an action for injuries from foreign greenhouse gas emissions in federal court would severely infringe upon the foreign-policy decisions that are squarely within the purview of the political branches of the U.S.Government. Accordingly, the Court will exercise appropriate caution and decline to recognize such a cause of action.

CONCLUSION
For the reasons stated above, the U.S.-based Defendants’ motion to dismiss is GRANTED and the City’s amended complaint is dismissed with prejudice in its entirety.

Note:  With prejudice indicates NYC cannot file an amended complaint again in this court.  They can appeal to a higher court, but that seems unlikely.  OTOH should one federal district court cave in to climate plaintiffs, then an appeal by the oil companies is highly likely.