Supreme Court to hear utilitiesÂ’ appeal


NFPA 70E Training

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

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$199
Coupon Price:
$149
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

B.C. Challenges Alberta's Electricity Export Restrictions

BC-Alberta Electricity Restrictions spotlight interprovincial energy tensions, limiting power exports and affecting grid reliability, energy…
View more

Annual U.S. coal-fired electricity generation will increase for the first time since 2014

U.S. coal-fired generation 2021 rose as higher natural gas prices, stable coal costs, and a…
View more

"Knowledge Gap" Is Contributing To On-the-job Electrical Injuries

BC Hydro Trades Electrical Safety addresses electric contact incidents among trade workers, emphasizing power line…
View more

Atlantica - Regulatory Reform To Bring Greener Power To Atlantic Canada

Atlantic Canada Energy Regulatory Reform accelerates smart grids, renewables, hydrogen, and small modular reactors to…
View more

How Ukraine Unplugged from Russia and Joined Europe's Power Grid with Unprecedented Speed

Ukraine-ENTSO-E Grid Synchronization links Ukraine and Moldova to the European grid via secure interconnection, matching…
View more

Warning: Manitoba Hydro can't service new 'energy intensive' customers

Manitoba Hydro capacity constraints challenge clean energy growth as industrial demand, hydrogen projects, EV batteries,…
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