ELR Citation: ELR 20186
No(s). 04 Civ. 5669 (S.D.N.Y. Sep 15, 2005)

A court dismisses environmental groups', various states', and a city's claims that fossil fuel generators should be held liable for creating the ongoing public nuisance of global warming. Specifically, the plaintiffs sought an order holding each of the generators jointly and severally liable for contributing to global warming and enjoining each of the generators to abate its contribution to the nuisance by "capping its emissions of carbon dioxide and then reducing those emissions by a specified percentage each year for at least a decade." The claims, however, raise nonjusticiable political questions that are beyond the limits of the court's jurisdiction. A nonjusticiable political question exists when a court confronts "the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion." Resolution of the issues presented here requires identification and balancing of economic, environmental, foreign policy, and national security interests. Thus, an initial policy determination of a kind clearly for nonjudicial discretion is required.