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Monday
Sep212009
DateMonday, September 21, 2009 at 12:00 PM

Second Circuit: Utilities May Be Sued for Global Warming "Injuries"

The Second Circuit Court of Appeals ruled today that the tort doctrine of public nuisance may be used to sue a power company for environmental injuries related to global warming—the question is justiciable, the land trusts have standing to sue based on future injury, and the Clean Air Act does not prevent a suit based upon the federal common law public nuisance doctrine.  Defendants also included TVA, Cinergy, Xcel Energy, and Southern Co.

The case is Connecticut v. American Electric Power Co., and the 140-page decision is available in PDF form here.

by AuthorVDEPG Administrator
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