Appeals Court Reinstates Carbon Emissions Suit Vs Utilities
21 September 2009 - 10:21PM
Dow Jones News
A U.S. appeals court on Monday reinstated global warming
lawsuits brought by eight states, New York City and three land
trusts against several large utility companies, seeking to limit
their carbon-dioxide emissions.
In an order Monday, the Second Circuit Court of Appeals vacated
a district judge's 2005 ruling tossing out the cases, saying the
lower court erred in dismissing the complaints.
The utilities are American Electric Power Co. (AEP), Southern
Co. (SO), Xcel Energy Inc. (XEL), the federal government-owned
Tennessee Valley Authority and Cinergy Corp., which was acquired by
Duke Energy Corp. (DUK) in 2006.
One of lawsuits reinstated was brought by New York, Connecticut,
California, Iowa, New Jersey, Rhode Island, Vermont, Wisconsin and
New York City. The other was brought by land trusts Open Space
Institute Inc., Open Space Conservancy Inc. and the Audubon Society
of New Hampshire.
U.S. District Judge Loretta Preska in Manhattan dismissed the
cases in 2005, saying the question of whether carbon-dioxide
emissions should be reduced laid with Congress, not the courts.
The cases were remanded to Judge Preska for further
proceedings.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com