Climate Change

Appeals Court Reinstates Climate Change Injury Claims

On September 21, 2009, the U.S. Court of Appeals for the Second Circuit handed down a decision reversing a lower court's dismissal of claims brought against several major electric utilities seeking to abate CO2 emissions from power plants owned by the utilities because of alleged injuries from global warming.  State of Connecticut v. American Electric Power Company Inc., 2009 WL 2996729 (2d Cir. Sept. 21, 2009). The case was brought by several states, New York City, and three non-profit conservation organizations.  In 2005, a lower court dismissed the complaints on the basis that the claims were not "justiciable," i.e., that they were not within the province of the judiciary to resolve, but rather were political questions best left to the legislative and executive branches.  Connecticut v. Am. Elec. Power Co., 406 F. Supp.2d 265 (S.D.N.Y. 2005).

The Alien Tort Claims Act Will Never Be a Viable Vehicle for Addressing Global Climate Change

Talk of global climate change has swept the country and even the world.  There is a growing consensus that time is running out and we, as citizens of this country, must take proactive steps to curb the emissions of greenhouse gasses.  As a result, several individuals, organizations, and even states have brought lawsuits demanding the reduction of greenhouse gas emissions.  None of these cases is bigger than the recent decision of the U.S. Supreme Court in Massachusetts v. EPA.