Global warming lawsuits brought by New York State and others who challenged major utilities on carbon-dioxide emissions from coal-burning power plants were reinstated Monday by the 2nd U.S. Circuit Court of Appeals.

Southern District Judge Loretta A. Preska had dismissed the suits against American Electric Power Co. and five other operators of fossil-fuel-fired power plants in 2005, finding that the plaintiffs — eight states in all, New York City and three private land trusts — had pleaded a federal common law of nuisance action that was non-justiciable under the political questions doctrine.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]