NEW YORK - A New York federal judge dismissed a global warming lawsuit brought by eight states and the city of New York against five utilities, saying the issue is one for Congress or the president, not the judiciary.
The states filed suit against American Electric Power Co. Inc., Southern Co. , Xcel Energy Inc. , Cinergy Corp. , and the Tennessee Valley Authority public power system in July 2004 asking the court to force the utilities to cut their carbon-dioxide emissions.
Judge Loretta Preska of the US District Court for the Southern District of New York dismissed the suit Thursday, saying that the case revolved around political questions that it would be inappropriate for her to resolve.
"Were judges to resolve political questions, there would be no check on their resolutions because the Judiciary is not accountable to any other branch or to the people," she wrote in her opinion.
Connecticut and New York said they will appeal.
"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 Connecticut Attorney General Richard 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 utilities are five of the largest carbon dioxide emitters in the United States.
Scientists believe that greenhouse gases such as carbon dioxide warm the Earth by trapping solar heat in the atmosphere. Many believe that global warming could have catastrophic consequences, including raising sea levels and strengthening weather events such as hurricanes.
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