ALBANY, N.Y. (AP) – A lawsuit filed by eight states aimed at cutting carbon dioxide emissions from some of the country’s largest power producers was dismissed by a federal judge Thursday.
The states sued five companies that own 174 fossil fuel-burning power plants, claiming that they contribute to the problem of global warming.
But U.S. District Court Judge Loretta Preska in Manhattan said that in asking the court to set CO2 reductions, the states want the judiciary to craft wide-ranging environmental policies that would affect the economy, national security and foreign policy. She said such “political” decisions should properly be considered by the president and Congress.
“Cases presenting political questions are consigned to the political branches that are accountable to the people, not to the judiciary,” Preska wrote.
An appeal was promised by Connecticut Attorney General Richard Blumenthal, New York state Attorney General Eliot Spitzer and California Attorney General Bill Lockyer.
“This ruling, if it stands, threatens to undermine and erode our power as states to hold accountable out-of-state polluters who foul our air,” said Blumenthal. “Carbon dioxide pollution endangers public health and the environment, just as other harmful emissions. These companies must be held accountable and forced to clean up.”
The lawsuit, filed last summer, names American Electric Power Co., Southern Co., Xcel Energy Inc., Cinergy Corp. and the federal Tennessee Valley Authority. The AGs claim the power producers are the five largest carbon dioxide emitters in the nation.
Carbon dioxide – produced when coal, gasoline and other fossil fuels burn – is believed to be one of the main culprits of global warming. If trends are not reversed, many scientists believe continued temperature increases will cause rising tides, droughts, and other climate disruptions.
“We are disappointed that the court has taken an unduly narrow view of its power and obligation to decide cases that come before it,” said Spitzer spokesman Marc Violette. “Because the science is clear that global warming poses a real and inevitable environmental threat with grave human consequences, we will appeal this decision and continue to work on other fronts to demand action on this critical problem.”
Spokesmen for Columbus, Ohio-based AEP and Minneapolis-based Xcel praised the judge’s decision and noted that the companies were already voluntarily reducing CO2 emissions.
“Our company is an environmental leader,” said Xcel spokesman Paul Adelmann. “We’re proud of our performance.”
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