On Monday September 21, 2009 the 2nd US Court of Appeals (a 2 judge panel) overturned a US District Court decision regarding the rights of States and three land trusts to sue power companies over carbon dioxide emissions. In 2005 a US District Court Ruling by Judge Loretta Preska threw the case out claiming that it was more of a political issue than a court issue.
The Appeals Court Justices did not believe that this was the case at all. The court wrote in a statement that it was not right to deny a case simply because it might have political ramifications.
In a statement given by California Attorney General Jerry Brown, "It's highly significant that the federal court has affirmed the right of states to challange the greenhouse gas emissions generated by coal-fired power plants."
Lawsuits filed on behalf of eight states - California, Connecticut, Iwoa, New Jersey, New York, Rhode Island, Vermont and Wisconsin and three Land Trusts - Open Space Institute Inc., Open Space Conservancy Inc., and the Audubon Scoiety of New Hampshire are now able to proceed in the court system. The lawsuits seek to force the power companies to reduce their carbon dioxide emissions. The Attorney General of Connecticut, Richard Blumenthal states that money is not the issue; what they are interested in is the reduction of pollutants in our environment.
I think that a state is an entitly and should have the right to sue. The utility should not have any different treatment than a normal business establishment with regard to pollution. It seems in this case that the checks and balances of the legal system have produced a fair resolution on appeal. What are comments you may have? Is there some reason a state should not be able to sue a utility?
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I think you're right and that not only as a business entity but as a representative of the residents, a state should be allowed to sue to protect the residents' interests. We are all affected by greenhouse emissions and if the federal regulations don't do enough, it's up to states and corporations to work together to keep our environment as safe as possible. Great article!
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