®: CRE Regulatory Action of the Week
Federal Court Holds That Climate Change Is Political Question
Several state attorney generals and some NGOs sued several electric power companies, alleging that power plant emissions were causing global warming. The states and NGOs based their claims on the common law of nuisance. The federal trial court in New York dismissed the claims, holding that the claims raised non-justiciable political questions that should be decided by elected officials, not the courts. This is an unusual and salutary example of a court refusing to regulate by litigation.
Click to read court opinion