Judge Deals Blow to Environmentalists

By September 16, 2005Global Warming

Under the radar yesterday, lost in the white noise that is the coverage of the Roberts hearing merged with the Katrina aftermath, was a very important court decision. A lawsuit filed against several utility companies by the Attorneys General of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin (do these folks have a certain party in common….?) in conjunction with a bunch of environmental activist groups alleged damage based on the theory — the theory — of global warming.

Yesterday, U.S. District Court Judge Loretta Preska of the Southern District of New York dismissed the suit, noting (correctly) that this was a political issue brought before the court. “Cases presenting political questions are consigned to the political branches that are accountable to the people, not to the judiciary, and the judiciary is without power to resolve them”, she said. She went on to say that the alleged actions of the defendant utility companies “present non-justiciable political questions”, adding, “political questions are not the proper domain of judges.”

What?!! A judge who decided a case on the law and who is unwilling to wander into territory in which the judiciary doesn’t belong?!? Let’s hope this doesn’t catch on, else the trial lawyers will have to find honest work….

Here is a link to the decision, and here’s a link to our press release on this historic decision.