| States Can Sue Coal-Burning Utilities | 16 October 09 |
 A recent ruling from a United States Court of Appeal allows seven coastal states, the City of New York and three land trusts to proceed with lawsuits against large coal-burning utilities for emitting carbon dioxide, causing climate change and creating a "public nuisance".The decision of Second Circuit Court of Appeals in New York overturns a 2005 District Court ruling that found climate change a political issue and not judicial. Major greenhouse gas emitters may now prefer new legislation to the risk of civil lawsuits. The lawsuit seeks to force emission reductions on the utilities. The plaintiffs, American Electric Power, Southern Corporation, the Tennessee Valley Authority, Xcel Energy and Cinergy Corporation currently emit 10 percent of total GHG emissions in the U.S. Attorney General Richard Blumenthal said the ruling "breathes new life into our fight against greenhouse gas polluters and changes the legal landscape to impose responsibility where it belongs." View September 21, 2009 United States Court of Appeals decision (PDF)View September 21, 2009 New York Times article View October 9, 2009 Lawyers Weekly article View September 21, 2009 MSNBC article Sources: New York Times, Lawyers Weekly, MSNBC |
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