Legal News

Emissions suit reinstated against utilities

By Richard Binder

A U.S. Appeals Court reinstated on Monday a 2004 lawsuit by eight states, including California, and the city of New York against five of the largest U.S. utilities over their carbon dioxide emissions. The lawsuit, originally dismissed by U.S. District Court Judge Loretta Preska as a "political question" and not for the judiciary, was said by the U.S. Court of Appeals for the 2nd Circuit in New York to be an "err[or] n dismissing two complaints on the ground that they presented non-justiciable political questions."

The lawsuit against American Electric Power Co Inc, Southern Co, Xcel Energy Inc, Cinergy Corp and the Tennessee Valley Authority public power system, argued that greenhouse gas emissions from their plants were a public nuisance and would cause irreparable harm to property. The utilities are five of the largest carbon dioxide emitters in the United States.

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Full post as published by Legal Pad | LA on September 22, 2009 (boomark / email).