Judge Reluctant To
Create Judicial Oversight of Global Warming
August 15, 2005 — By Larry Neumeister, Associated Press
NEW YORK — A federal judge expressed
reluctance about beginning judicial oversight of pollution issues that
affect global warming as she heard arguments Friday in a complaint
brought by eight states against some of the nation's largest power
companies.
"Why should I do something that Congress and the president have decided
they don't want to do as a matter of policy?" Judge Loretta Preska asked
lawyers for the states.
Connecticut Attorney General Richard Blumenthal said the states would
prove that the five power companies are responsible for 10 percent of
the nation's carbon dioxide emissions.
The states are asking the judge to order the companies to reduce their
carbon dioxide emissions by 3 percent annually for 10 years.
"Control over interstate pollution is primarily a matter of federal
law," Blumenthal said.
Joseph R. Guerra, a lawyer for the companies, said the plaintiffs were
asking the court to create a "piecemeal response to the problems that
will allegedly flow from a worldwide phenomenon known as global climate
change."
He said the states wanted the judge to "resolve an environmental policy
question with sweeping implications for the nation's economy, its
foreign relations and even potentially its national security."
The complaint seeks to force a reduction of carbon dioxide emissions by
AEP and Cinergy of Ohio, Southern Co. Inc. of Georgia, Xcel Energy Inc.
of Minnesota, and the federal Tennessee Valley Authority.
Preska said she doubted any ruling she could issue against the power
companies would have much effect on global warming.
"All it does is slow it down," she said. "Unless something else is done,
it won't reduce the threat."
Peter Lehner, a lawyer for the state of New York, said the states were
only asking her to limit pollutants by five companies, not to solve
global warming.
In addition to New York and Connecticut, California, Iowa, New Jersey,
Rhode Island, Vermont, Wisconsin, New York City and three nonprofit land
trusts are also involved in the complaint.
Source: Associated Press |