Second Circuit says CO2 is a nuisance

Abstract

"In Connecticut v. American Electric Power Co., the Second Circuit ruled that federal courts were competent to deal with tort claims against emitters of greenhouse gases. Although the plaintiffs in this suit only sought injunctive relief in the form of a cap and mandated reductions of greenhouse gas emissions, the court’s ruling exposes the nation’s utility companies to billions of dollars worth of liability In 2005, eight states, one municipality, and three land trusts brought suit against the five largest greenhouse gas emitters in the country on the theory that their emissions, amounting to 10 percent of all greenhouse gases emitted in the United States, constituted a public nuisance. The district court granted defendants’ summary judgment motion, holding that the suit raised political questions beyond the court’s jurisdiction. On appeal, the Second Circuit reversed the district court’s finding of a nonjusticiable political question, and held that plaintiffs had standing, that plaintiffs had properly stated a federal common law nuisance claim, and that existing federal regulation did not displace such claims." (p. 1)