Judge dismisses states’ global warming suit

NEW YORK (Reuters) – A New York federal judge dismissed a
global warming lawsuit brought by eight states and the city of
New York against five utilities, saying the issue is one for
Congress or the president, not the judiciary.

The states filed suit against American Electric Power Co.
Inc., Southern Co., Xcel Energy Inc., Cinergy Corp., and the
Tennessee Valley Authority public power system in July 2004
asking the court to force the utilities to cut their
carbon-dioxide emissions.

Judge Loretta Preska of the U.S. District Court for the
Southern District of New York dismissed the suit on Thursday,
saying that the case revolved around political questions that
it would be inappropriate for her to resolve.

“Were judges to resolve political questions, there would be
no check on their resolutions because the Judiciary is not
accountable to any other branch or to the people,” she wrote in
her opinion.

Connecticut and New York said they will appeal.

“This ruling, if it stands, threatens to undermine and
erode our power as states to hold accountable out-of-state
polluters who foul our air,” said Connecticut Attorney General
Richard Blumenthal. “Carbon dioxide pollution endangers public
health and the environment, just as other harmful emissions.
These companies must be held accountable and forced to clean
up.”

The utilities are five of the largest carbon dioxide
emitters in the United States.

Scientists believe that greenhouse gases such as carbon
dioxide warm the Earth by trapping solar heat in the
atmosphere. Many believe that global warming could have
catastrophic consequences, including raising sea levels and
strengthening weather events such as hurricanes.