Justices skeptical of states' global warming lawsuit

The Supreme Court appeared ready to rule that federal judges cannot set limits on greenhouse gas emissions, after a majority of justices suggested Tuesday that such disputes over global warming are better left to Congress and federal regulators. Five power companies, including American Electric Power, are appealing a lower court decision that would permit a group of six states and the city of New York to sue under federal “public nuisance” law and claim the plants’ emissions intensify global warming. During a spirited session of oral arguments, the justices voiced doubt that judges have the authority or expertise to handle the complex emissions dilemma that is international in scope and that the government says is being addressed by the Environmental Protection Agency. A ruling would determine whether states can seek remedies in court for harm caused by carbon dioxide emissions and whether utilities would be subject to new litigation and possible caps on emissions. Tuesday’s environmental dispute tests the separation of powers among branches of government. The question is whether judges may hear allegations that power plant emissions are contributing to global warming, hurting people’s health and destroying the environment...more