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At issue is American Electric Power Co. v. Connecticut, a case filed by environmental groups and eight states against midwestern utility companies. Connecticut, New York, California, Iowa, New Jersey, Rhode Island, Vermont and Wisconsin claimed the power companies contributions to climate change made them a public nuisance, and asked courts to cap their emissions.
The case was filed before the Environmental Protection Agencys right to regulate greenhouse gases was established, and represents an attempt by citizens to control greenhouse gases in the absence of federal mandates. As described in a previous Climate Desk story on American Electric Power Co. v. Connecticut, the case is grounded in a century-long tradition of communities holding big polluters responsible for damaging public health.
Further lawsuits have been inspired by the case, including one by Gulf Coast residents against oil refineries they say contributed to Hurricane Katrina, and another by residents of an Alaskan island village about to be swamped by rising seas.
A New York court ruled against the states in 2005, saying the suit raised a political question beyond judicial scope. An appeals court reversed that decision last year, noting that the link between greenhouse gas pollution and climate change is not a political question. As justification, they even cited Georgia v. Tennessee Copper Co., an obscure Supreme Court decision in which the high court supported Georgias right to sue two copper companies responsible for crop-destroying pollution.
Supreme Court Takes Climate Pollution Case | Wired Science | Wired.com