Supreme Court to hear utilitiesÂ’ appeal


Electrical Commissioning In Industrial Power Systems

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$599
Coupon Price:
$499
Reserve Your Seat Today

Supreme Court climate nuisance case heads to argument over greenhouse gases, carbon dioxide regulation, EPA authority, and utility emissions, as states challenge coal-fired power plants for global warming impacts in a landmark environmental law dispute.

 

In This Story

High court review of states' suit alleging utility greenhouse gas emissions are a public nuisance.

  • Eight states, NYC, and land trusts filed the 2004 lawsuit.
  • Defendants include AEP, Southern, Xcel, and Cinergy/Duke.
  • Appeals court revived case after initial district dismissal.
  • Utilities argue political question doctrine bars the suit.

 

The U.S. Supreme Court said that it would hear an appeal by four big coal-burning utilities of a ruling that a group of states and New York City can proceed with a global-warming lawsuit seeking to reduce the carbon dioxide emissions of the power companies.

\n

 

The justices agreed to review a ruling by a U.S. appeals court that reinstated a 2004 lawsuit by eight states, New York City and three land trusts claiming the utilities have created a public nuisance by contributing to global warming.

American Electric Power Co Inc, Southern Co, Xcel Energy Inc and Cinergy Corp, which Duke Energy Corp acquired in 2006, said in the appeal that the case involved political questions for Congress and the president, not the judiciary.

The states — California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin — and the other plaintiffs urged the top court to reject the appeal by the utilities. That would have allowed the lawsuit to go forward.

The Supreme Court will hear arguments in the case most likely in March, with a ruling expected by the end of June. It will be the most important environmental case of the term, and the biggest since the Supreme Court's Clean Air Act ruling in 2007 that U.S. environmental officials can regulate greenhouse gas emissions.

Coal-fired power plants emit about twice as much carbon dioxide as natural gas-fired plants, and pollution controls remain a central policy debate among regulators and industry. Nuclear power plans emit virtually no greenhouse gases. Scientists say greenhouse gases such as carbon dioxide warm the earth by trapping solar heat in the atmosphere.

A federal judge initially dismissed the lawsuit, ruling the question of whether carbon dioxide emissions should be reduced was political, not judicial. But the appeals court decision ultimately disagreed.

The Supreme Court, in agreeing to hear the appeal disregarded the advice of the Obama administration, which represented one of the defendant utilities in the original lawsuit, the federally owned Tennessee Valley Authority.

The administration urged the Supreme Court to set aside the appeals court ruling and send the case back to New York for further proceedings to consider recent actions by the U.S. Environmental Protection Agency on greenhouse gas rules to address carbon dioxide emissions.

 

Related News

Related News

Hydro One CEO's $4.5M salary won't be reduced to help cut electricity costs

Hydro One CEO Salary shapes debate on Ontario electricity costs, executive compensation, sunshine list transparency,…
View more

Data centre buildout forces new policy focus on who pays for transmission upgrades

Data Centre Transmission Cost Policy leads Canada to require developers to fund generation, transmission, substations…
View more

Newsom Vetoes Bill to Codify Load Flexibility

California Governor Gavin Newsom vetoed a bill aimed at expanding load flexibility in state grid…
View more

During this Pandemic, Save Money - How To Better Understand Your Electricity Bill

Commercial Electric Tariffs explain utility rate structures, peak demand charges, kWh vs kW pricing, time-of-use…
View more

Doug Ford's New Stance on Wind Power in Ontario

Ontario Wind Power Policy Shift signals renewed investment in renewable energy, wind farms, and grid…
View more

U.A.E. Becomes First Arab Nation to Open a Nuclear Power Plant

UAE Nuclear Power Plant launches the Barakah facility, delivering clean electricity to the Middle East…
View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2026 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified