A federal court has dismissed New York City’s public nuisance lawsuit against five major oil companies alleging that their marketing of petroleum products are responsible for the city’s current and future climate change damages. In its July 19 ruling, the court held that the question of what to do about global climate change is one for the political branches, not the courts. The court also rejected the City’s argument that it was only pursuing a public nuisance claim against the oil companies’ introduction of petroleum products into commerce, finding that the suit’s claim for climate change damages could only arise from greenhouse gas emissions, not merely marketing a product. As such, since greenhouse gas emissions cross state boundaries, the City’s public nuisance claim was necessarily one of federal common law. Thus, since the Clean Air Act speaks “directly to the question” of how domestic greenhouse gas emissions are regulated, the City’s federal common law tort suit was displaced. New York City has filed a notice of appeal of the decision to the Second Circuit.