States Press Climate Change Suit

California's Attorney General, along with seven other state chief lawyers, urged a federal appeals court to recognize their claim seeking to reduce global warming gases. In a reply brief filed March 16 in the U.S. Court of Appeals, Second Circuit, the states and the City of New York assert their interstate nuisance action involves a recognizable common law right that needs to be addressed by the judiciary. The greenhouse gases at issue are from the country?s five biggest power plant polluters. Even though the power plants are not in California, the AG said it affects the state because of widespread global warming impacts. Last September, the U.S. Southern District Court of New York held that complaint seeking to force the American Electric Power and three other owners of Eastern coal plants involved a dispute that must be decided at the political level, and not by judges (Circuit, Sept. 23, 2005). "Nothing a court does in this litigation - which involves only adjudication of common law rights and responsibilities - prevents the political branches from crafting a global political solution," the brief states. The defendants successfully got the suit tossed out on grounds that climate change was a worldwide problem that needed a global solution. They argued they are just one a many contributors to global warming, and thus it was not possible to link them to specific damage. The AGs allege that they need not prove damage from the plant emissions because they seek to prevent harm before it is realized, not damages for harm already suffered. In a public nuisance abatement action, the state "may require reductions from major contributors, regardless of whether there are other contributory causes or whether particular injuries can be traced to individual, joint contributions," they stated. The next step in the litigation will involve oral argument in the New York appeals court.

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States Press Climate Change Suit

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