Fed Appeals Court Revives Pollution Lawsuit

LARRY NEUMEISTER

NEW YORK (AP) — A federal appeals court ruled Monday that states trying to combat global warming can sue six electric utilities to force them to cut the greenhouse gases emitted by their power plants in 20 states.

The 2nd U.S. Circuit Court of Appeals in Manhattan reinstated the lawsuits after a lower court judge tossed out the actions brought in 2004 by eight states, New York City and three land trusts.

The lawsuits accuse the companies of being among the largest emitters of carbon dioxide in the world and sought to force them to reduce their carbon dioxide emissions.

The appeals court said the lower court judge erred in ruling that the issue was a political one that was not meant to be decided by the courts.

The court said that not every case with political overtones has to be kept out of the courts.

"It is error to equate a political question with a political case," the court wrote. "Given the checks and balances among the three branches of our government, the judiciary can no more usurp executive and legislative prerogatives than it can decline to decide matters within its jurisdiction simply because such matters may have political ramifications."