States’ Suit Against Polluting Power Companies Expected to Have Major Impact

Earlier this month, the Second Circuit Court of Appeals handed down a ruling on the State of Connecticut v. American Electric Power Co.: It said that eight states, three land trusts and New York City could sue some of the country’s biggest producers of global warming pollution.

Matt Pawa, lead attorney for the land trusts Open Space Institute and the Audubon Society of New Hampshire,  
 had this to say about the decision, which is being hailed as a landmark in the fight against greenhouse gas emitters: “The court’s decision makes clear that the harms of global warming are real and need to be addressed today. For hundreds of years, courts have been there to protect citizens from harm. Today’s decision opens the way for citizens to protect themselves from the polluters responsible for global warming. Power companies that release millions of tons of dangerous carbon pollution are not above the law.”

Previously, power companies relied on the argument that curbing global warming was a political matter that ought to be decided by the legislative or executive branches. Here, the appeals court dismissed that argument.

The case now will be returned to the federal district court in New York City for trial. Most observers think it will end up in an appeal to the Supreme Court.

Some expect the decision to open the door for many more suits against major polluters. One case already filed, and being watched closely, was brought by the Village of Kivalina in Alaska, which had to be relocated because of rising sea levels; the village is suing Exxon-Mobil, among others. One of the lead attorneys on that case is Matt Pawa.

-- Suzanne Bopp