Judge Dismisses States' Global-Warming Suit

A Manhattan federal judge has dismissed a lawsuit brought against five utilities by eight states and New York City aimed at reducing the amount of greenhouse gas emissions released by the power plants. The judge said the case presented "political questions" that should be decided by the legislative and executive branches.

"Were judges to resolve political questions, there would be no check on their resolutions because the judiciary is not accountable to any other branch or to the people," said Judge Loretta Preska of the U.S. District Court for the Southern District of New York.

The states of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin, along with New York City, filed a complaint in the Manhattan federal court against American Electric Power Co., Southern Co., the Tennessee Valley Authority, Xcel Energy Inc. and Cinergy Corp.

The suit was filed under the federal common law of public nuisance, which the states argued provides a right of action to curb air and water pollution emanating from sources in other states. Public nuisance is commonly invoked in environmental cases.

The defendants moved to dismiss the complaint, arguing that the plaintiffs lacked standing to sue over global warming.

Judge Preska explained that in 1998 President Clinton signed the Kyoto Protocol, which called for mandatory reductions in the greenhouse gas emissions of developed nations. But Congress, through a series of bills, barred the Environmental Protection Agency from implementing the protocol.

Additionally, Judge Preska said President Bush opposes the protocol because he says it exempts developing nations, such as China, which are major emitters of greenhouse gases, and it would have a major negative economic impact on the United States.

"Unavoidably, climate change raises important foreign-policy issues, and it is the president's prerogative to address them," Judge Preska said.

Therefore, she granted the defendants' motion to dismiss.