Friday, September 25, 2009

It's OK to File Frivolous Lawsuits Over Global Warming

NEW YORK—The 2nd U.S. Circuit Court of Appeals in New York has ruled that five of the largest U.S. coal-burning electric utilities can be sued under the federal common law of “nuisance” for their alleged contribution to global warming.
A two-judge panel of the 2nd Circuit held that a lower court erred in dismissing the complaints on political question grounds, that all of the plaintiffs have standing to bring their claims and that the federal nuisance common law governs their claims.
The Monday decision, which overturned and remanded a judgment by the U.S. District Court for the Southern District of New York in State of Connecticut et al. vs. American Electric Power Co. et al., effectively paves the way for other lawsuits against utilities alleging nuisance from carbon dioxide emissions, environmental attorneys say.