This is a key point since the cities freely admit in their filings that their citizens continue to use fossil fuels, and will continue to do so well into the future. But he also pointed out that it would be unfair to “ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded.” Judge Alsup went on to note that he accepts the "vast scientific consensus" that the burning of fossil fuels has lead to global warming and the likelihood of accelerated rising future sea levels. “The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case,” he said. Noting that the world has also benefited significantly from oil and other fossil fuel, Judge William Alsup said questions about how to balance the “worldwide positives of the energy” against its role in global warming “demand the expertise of our environmental agencies, our diplomats, our Executive, and at least the Senate.” That decision throwing out the City of New York's case came less than a month after a different federal judge in California threw out essentially the same lawsuit that had been brought by the cities of Oakland and San Francisco:
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