The U.S. Supreme Court Tuesday heard arguments in Connecticut’s case against the country’s major power producers over a state’s right to sue them for emitting greenhouse gases.
The case — American Electric Power Co. v. Connecticut — tries to take up the cause of carbon emissions by having the courts handle lawsuits over the way a power plant generates its electricity. The U.S. Congress took up a similar cause in 2010 but failed to get any legislation passed. The U.S. Environmental Protection Agency also is trying to regulate greenhouse gas emissions using the Clean Air Act, a move that business groups say exceeds the agency’s authority.
The Associated Press report of the Supreme Court hearing said the justices appeared very skeptical of Connecticut’s stance on the issue, saying judges would have a hard time dealing with the complex issue of global warming.
California, New York, Iowa, Rhode Island, Vermont and the City of New York have all joined in the lawsuit with Connecticut. They are going against the five largest power-producing emitters of carbon dioxide in the country: American Electric Power Co., Inc., The Southern Co., Tennessee Valley Authority, Xcel Energy, and Cinergy Corp. President Barack Obama, who campaigned on reducing carbon emissions, has joined the lawsuit on the side of the power producers.
New York Solicitor General Barbara Underwood argued the case on behalf of Connecticut and the other states. Their argument is based on the law of public nuisance, that the power plants are creating a public problem by emitting carbon dioxide.
“We cannot stand idly by while carbon dioxide continues to be emitted without any controls,” Connecticut Attorney General George Jepsen said in a statement. “There are still no controls on climate change emissions from power producers and until the Environmental Protection Agency acts, and those regulations are effective, tort law can provide a remedy.”
The Supreme Court decision is expected in June.
