Climate Change In Court | Green Energy News

July 18, 2004 – Vol.9 No.17

CLIMATE CHANGE IN COURT.

In the U.S., the federal common law concerning a public nuisance is a well established doctrine that is commonly invoked and forms the basis for much of environmental law.

States, and other sovereign governments, have the right to protect their residents and property from widespread harm even if the sources of that harm emanates from other states, other sovereign governments. Sources of air and water pollution for instance, even if coming from a non-adjoining state, can be considered a public nuisance and dealt with in a court of law.

The states of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin, as well as the City of New York have filed suit against the five largest global warming contributors in the United States.

The five - American Electric Power Company, the Southern Company, the Tennessee Valley Authority, Xcel Energy and Cinergy Corporation - operate or own 174 fossil fuel burning power plants in 20 states that, combined, emit almost a quarter of the U.S. electric utility industry’s carbon dioxide emissions and about 10 percent of the nation’s total.

Emissions from those power plants could be considered a public nuisance anywhere on the planet, not just the eight states and NYC.

The legal action, meant to protect the states and City of New York from future harm caused by global warming, does not ask for monetary damages, but asks only that the companies take action to reduce their emissions.

This action is the first time state and local governments have sued private companies to reduce emissions that are believed to be causing the world-wide problem.