To: Wharf Rat who wrote (1048656 ) 1/15/2018 9:50:03 PM From: Wharf Rat Respond to of 1575775 united states district court southern district of new york - NYC.gov Plaintiff the City of New York (“City”), by its attorney Zachary W. Carter, Corporation Counsel of the City of New York, brings this action sounding in public nuisance, private nuisance, and trespass against Defendants BP p.l.c. (“BP”), Chevron Corporation (“Chevron”), ConocoPhillips (“ConocoPhillips”), Exxon Mobil Corporation (“Exxon”), and Royal Dutch Shell plc (“Shell”) (collectively, “Defendants”), and alleges as follows: I. INTRODUCTION 1. This lawsuit is based upon the fundamental principle that a corporation that makes a product causing severe harm when used exactly as intended should shoulder the costs of abating that harm. Defendants here produced, marketed, and sold massive quantities of fossil fuels—primarily oil and natural gas—despite knowing that the combustion and use of fossil fuels emit greenhouse gases (“GHG pollution” or “GHGs”), primarily carbon dioxide (“CO2”). Defendants have also known for decades that GHG pollution accumulates and remains in the atmosphere for up to hundreds of years, where it traps heat, a process commonly referred to as “climate change” or “global warming,” and that this process would cause grave harm. Defendants continue to this day to produce, market, and sell massive amounts of fossil fuels and plan to continue doing so for decades into the future; their past and ongoing conduct causes and continually exacerbates global warming and all of its impacts, including hotter temperatures, longer and more severe heat waves, extreme precipitation events including heavy downpours, rising sea levels, and other severe and irreversible harms. 2. Defendants’ past and ongoing actions are harming New York City now: the City already has suffered damage from climate change, including inundation, erosion, and regular tidal flooding of its property. The City now faces further imminent threats to its property, its infrastructure, and the health and safety of its residents. In this litigation, the City seeks to