Posted on 07/23/2004 4:42:46 PM PDT by tomball
(CNSNews.com) - Eight states and the city of New York this week sued five major energy companies, alleging that the companies contributed to "global warming." The energy companies collectively operate 21 plants in the United States, but only one of the states suing, Wisconsin, has a plant inside its borders.
The attorneys general from California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin are joined by the New York City Office of Corporation Counsel in targeting the energy firms.
The American Electric Power Company, the Southern Company, Tennessee Valley Authority, Xcel Energy Inc. and Cinergy Corporation are the defendants in the suit filed Wednesday.
The suit is being brought on the grounds of public nuisance under federal common law and does not accuse the companies of violating existing emissions standards.
Tom Dresslar, spokesman for California Attorney General Bill Lockyer, told CNSNews.com that the suit was necessary "because global warming is a severe threat to our states and their people." He called the public nuisance argument "an ancient legal document," saying it is "well established, including in environmental cases." However, he acknowledged that "this is a first attempt to use public nuisance law to fight global warming."
Lockyer, in a statement on the matter, said the lawsuit "opens a new legal frontier in the fight against global warming."
Congress and the Environmental Protection Agency do not recognize carbon dioxide as a pollutant. And the U.S. Chamber of Commerce backs up that view by pointing out that carbon dioxide is a "naturally occurring part of the atmosphere."
Furthermore, America's energy and environmental policies "should be made by elected officials, not lawyers and judges in a courtroom," Chamber President Thomas Donahue stated in a release.
Brian Elwood of Xcel Energy agreed. "We believe that any carbon dioxide policy should be developed by the U.S. Congress and should not be done through litigation." But, he said, Xcel is already committed to reducing emissions.
"In April 2004," Elwood told CNSNews.com , "we announced a voluntary carbon management plan which will result in a 7 percent reduction in our carbon dioxide intensity."
Melissa McHenry of American Electric Power said the lawsuit is not a constructive way of dealing with the controversy. "Climate change is a global issue that cannot effectively be addressed by any individual company, small group of companies or even a single country," she said.
Dresslar denied that the states are trying to legislate through litigation. "We have a federal government which says [carbon dioxide] is not a pollutant. We don't agree with that," he said. And in light of the federal government's refusal to regulate carbon dioxide under the Clean Air Act, he continued, "we've got to do something."
Dressler also said the fact that none of the states except for Wisconsin has the energy plants in question within their borders is irrelevant. "Global warming is exactly that, it's global," he said. "I don't know specifically which states we tried to contact. But we have Iowa in there. They're another Midwest state closer to [Wisconsin]."
wtf? these companies follow the ridiculously stringent EPA rules and regs, do not illegally pollute only to get sued by a bunch of liberal greedy states and their trial lawyer buddies?
What is this country coming to?
I thought sure the auto industry would be next.
Backlash leading to a Bush landslide.
I way to cut down on global warming would be to have the electrictity suppliers mentioned in the lawsuit cut off the power to New York City. Hehehe. Parley
Yep. But it ain't warming. It's just hot air.
Sun is cause of global warming and I like it that way.
Solution: shut off all power to "prevent" global warming. See how long this stupid stunt will last.
Why should the Northeastern states bear the cost of the polluting Midwestern states?
Bingo!
Who is John Galt
guess Edwards and company need some more campaign cash.
The Socialists (Democrats) are using the judicial branch of government to institute state control of industry. It's truly amazing to see Americans lead our country to the failed soviet model after it collapsed in the Russian empire. It's all for the sake of new American aristocracy of rich politicians such as Kerry, Kennedy, etc. to gain power.
I'd counter sue them for promoting an early triggering of the next ice age.
"Who is John Galt"
Who is Dagney Taggart?
Go to NASA or Space.com and check out the the info about the sun's activity for the past few years. The sun is an equal and global warming opportunity entity. Someone must have missed it this morning.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.