The People of the State of California v. BP P.L.C. et al
Filing
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NOTICE RE BRIEFING ON MOTION TO DISMISS. Signed by Judge Alsup on 3/27/2018. (whalc1, COURT STAFF)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
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v.
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No. C 17-06011 WHA
No. C 17-06012 WHA
NOTICE RE BRIEFING ON
MOTION TO DISMISS
BP P.L.C., et al.,
Defendants.
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In the remainder of the FRCP 12(b)(6) briefing, please address the following questions.
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The parties’ page limits and briefing schedule remain the same.
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1.
Identify and describe all state and federal court decisions sustaining a nuisance theory of
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liability based on the otherwise lawful sale of a product where the seller financed and/or
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sponsored research or advertising intended to cast doubt on studies showing that use of
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the product would harm public health or the environment at large. Also, identify and
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describe all decisions rejecting such a theory.
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2.
Identify and describe all state and federal court decisions that address a nuisance theory
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of liability in the context of global warming (i.e., the combustion of fossil fuels leads to
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carbon dioxide that leads to warming, polar melting, and coastal flooding).
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3.
Please address the extent to which the Noerr-Pennington doctrine may apply to these
actions.
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4.
If plaintiffs’ theory is correct, why wouldn’t everyone involved in supplying carbon-
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based fuels (or in otherwise increasing carbon dioxide, e.g., deforestation) be liable upon
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a showing that they questioned the science of global warming or sponsored research
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intending to question it?
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IT IS SO ORDERED.
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Dated: March 27, 2018.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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