Posted on 08/26/2010 7:25:19 PM PDT by Ernest_at_the_Beach
The Obama administration has urged the Supreme Court to toss out an appeals court decision that would allow lawsuits against major emitters for their contributions to global warming, stunning environmentalists who see the case as a powerful prod on climate change.
In the case, AEP v. Connecticut, the 2nd U.S. Circuit Court of Appeals sided with a coalition of states, environmental groups and New York City. The decision, handed down last year, said they could proceed with a lawsuit that seeks to force several of the nations largest coal-fired utilities to reduce their greenhouse gas emissions.
The defendants American Electric Power Co. Inc., Duke Energy Corp., Southern Co. and Xcel Energy Inc. filed a petition for review with the Supreme Court earlier this month, asking the court to reject the argument that greenhouse gas emissions can be addressed through public nuisance lawsuits (Greenwire, Aug. 4).
In a brief (pdf) filed yesterday on behalf of the Tennessee Valley Authority, acting Solicitor General Neal Katyal agreed with the defendants, saying that U.S. EPAs newly finalized regulations on greenhouse gases have displaced that type of common-law claim.
Katyal urged the court to vacate the decision and remand the case to the 2nd Circuit for further proceedings, this time taking into account the administrations push to regulate greenhouse gases under the Clean Air Act.
The 2nd Circuits decision rested on the assertion that EPA does not currently regulate carbon dioxide, but that has since changed. The Obama administration has finalized several regulations in response to the Supreme Courts 2007 decision in Massachusetts v. EPA, which told the agency to decide whether greenhouse gases were pollutants under the Clean Air Act.
(Excerpt) Read more at wattsupwiththat.com ...
fyi
Huh?!
It has NOTHING to do with climate OR the environment.
Gotta read thru the comments...all kinds of opinions as to what they are doing and why and what it might mean!!!
??? Ping for AM reading when lots of comments are added.
HUH? The White Hut is nosing in on the judicial branch?
That is a strange one. Just saw it on WUWT and then saw your post. Probably means Obama has no chance to pass cap and tax. The economy now is more important anyway. They have to do everything they can to stop the Depression right now.
Good news! The environazis would be like the cities suing the gun manufacturers. Taking the EPA to court will be easier than be sued by all these fanatics.
Random Thoughts:
1. Since every living, breathing human (or animal) :emits” carbon dioxide, the simple act of breathing would be a Public Nuisance.
2. Inevitably, some court, somewhere, would rule, correctly, that Carbon dioxide was NOT a Public Nuisance.
3. Under Cap n trade, CO2 emitters would continue to emit, but would pay for the privilege. If their CO2 emissions were STILL a Public Nuisance, they could Still be sued. This would undercut the whole C&T scam.
DG
The way to win is to cut their legs out from under them. They stand on a trading monopoly constrained by patent originally filed by Carlton Bartels. He died in the 911 attacks. That patent is now held by Franklin Raines.
Unfortunately for them, somebody filed another free-market trading patent that specifically mentioned trading in assets that transform the state of commons, such as air. Hence, Raines' patent is preceded by prior art.
The holder of that earlier patent would be me.
No trade monopoly, no game.
The left’s “War on Civilization” continues.
I guess they have no use for electricity, just like California.
The Eco-Nazis. Just doing their part to make sure we pay ever higher prices for energy.
>>”No trade monopoly, no game.”
Outstanding! Go gettum. Remember that inventor who sued Sears/Craftsman over the quick-release ratchet, and WON.
Millions, IIRC.
DG
The Obama administration has urged the Supreme Court to toss out an appeals court decision that would allow lawsuits against major emitters for their contributions to global warming, stunning environmentalists who see the case as a powerful prod on climate change.This is a genius political move by the Sock Puppet, by definition he didn't think of it himself; thanks Ernest!
Thank you.
There is a legal catch here and story is not explaining it.
I get the impression some one has, in Army terms, “their flank in the air.”
They seemed to be regrouping.
Why?
Elections?
Election money?
More details needed.
Paul
I couldn’t care less about the money. I filed that patent to PREVENT just what we are seeing. I knew at the time that it was just too much power.
Unfortunately, I cannot afford the ambulance chasers to make it stick.
By chance, they received an email and research papers on sunspot activity, global drought and explaination of 30 years of cooling and terrible winters.
Hmmm, God only knows
I don’t see a Nobel, but I would take a Starbucks cup of cup-a-cino.
Paul
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