Bill Bush | 202.682.8114 | bushw@api.org
WASHINGTON, September 3, 2010 – API Senior Counsel Michele Schoeppe said API, along with coalition partners, is filing an amicus brief today opposing a decision by the U.S. Court of Appeals for the 2nd Circuit that would allow common law nuisance lawsuits to proceed against utilities for their greenhouse gas emissions:
“These lawsuits are inappropriate, destroy economic growth, undermine efforts to create jobs, and, if allowed to go forward, could improperly burden courts with much of the responsibility for making decisions on greenhouse gas emission limits for millions of U.S. businesses. Controlling greenhouse gas emissions is a national and international challenge best and most efficiently addressed by the legislative branch of our government. The U.S. Supreme Court should hear this appeal and vacate the 2nd Circuit’s decision.”
The U.S. Department of Justice also opposes the 2nd Circuit’s decision, which several utility defendants are seeking to appeal to the U.S. Supreme Court.
Updated: September 3, 2010