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The 2nd Circuit Court of Appeals in New York ruled on Monday that five of the largest power utilities can be called upon to defend themselves in court against allegations that their greenhouse gas emissions create a public nuisance by contributing to global warming.
Siding with a coalition of eight states, three land trusts, and the city of New York, the court made its long awaited ruling, reinstating the lawsuit State of Connecticut v. American Electric Power Co (pdf) brought under federal common law. The suit was rejected by a lower court judge in 2004.
Courts and politics
The lower court tossed the suit saying the issue before it was a political one not meant to be decided by the courts. The Appeals Court yesterday said the lower courts decision was in error, saying that not every case with political overtones should necessarily be kept out of the courts (the election of 2000 comes to mind). That decision read, in part:
Related posts:
- 2nd Circuit Revives Suit Targeting Power Plant CO2 Emissions
- US appeals court reinstates global warming lawsuits: http://tinyurl.com/mftapq #environment #climate #carbon #energy
- Court Rejects Bush Administration’s Pollution Rule
- Energy cos. can be sued in federal court. #Carbon #emissions add to heat waves, smog, droughts & forest fires. http://bit.ly/CourtOfAppeals
- Court decision threatens to unravel Europe’s carbon market