Kivalina alleges that massive greenhouse gas emissions emitted by the Energy Producers have resulted in global warming, which, in turn, has severely eroded the land where the City of Kivalina sits and threatens it with imminent destruction. Kivalina seeks damages under a Federal common law claim of public nuisance. The Appeals Court summarizes its position saying, "The question before us is whether the Clean Air Act, and the Environmental Protection Agency (EPA) action that the Act authorizes, displaces Kivalina's claims. We hold that it does."
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