AND FOR THOSE WORRIED ABOUT GLOBAL WARMING, A LANDMARK DECISION FROM THE SECOND CIRCUIT.

The Second Circuit ruled in favor of eight states, the City of New York and several environmental organizations that sued six major power companies on the grounds that their greenhouse gas emissions constituted a public nuisance.  Connecticut v. Am. Elec. Power Co., Civ. No. 05-5104 (2d Cir. September 21, 2009).  This case has critical importance because the court applied federal common law nuisance claims to issues associated with climate change.   The court reaffirmed the role of the judiciary in litigation that seeks to limit emissions from, in this case, industries that emit 650 million tons per year of carbon dioxide into the atmosphere and contribute to global warning.