Cinergy, 4 Others Seek To Dismiss Carbon Dioxide Suits
Dow Jones & Company, Inc. - Sep 30
"This lawsuit was a publicity stunt by the plaintiffs, and the issues raised are not ones to be resolved through litigation," Cinergy's Chief Legal Officer Marc Manly said in a press release. Manly said such matters instead lie within the realm of legislative and executive power, and should be addressed through international treaties and federal laws.
The four other energy companies named in the lawsuits are American Electric Power Co. (AEP), Xcel Energy Inc. (XEL) Southern Co. (SO) and the Tennessee Valley Authority, Cinergy said in a press release Thursday.
Many scientists theorize that carbon dioxide emissions are the main culprit behind global warming.
Cinergy countered, saying the plaintiffs don't have a strong case because the potential harms cited in the suits occur at a future date and are not immediate enough to merit litigation. Further, Cinergy said the plaintifs can't charge that the five companies are causing problems that haven't yet occurred.
The lawsuits, made public in July, bank on a provision of common law called the public nuisance legal doctrine. Cities have used the provision to force companies to lower their pollution levels. The attorneys general who levied the suits targeted companies they called the largest carbon dioxide polluters in the U.S., and among the largest in the world.
"Addressing climate change requires coordinated and meaningful international action that includes developing nations, not a lawsuit against five companies that generate electricity," said American Electric Power Chairman Michael Morris in a separate press release Thursday.
The states of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin filed the lawsuits.
Company Web site: http://www.cinergy.com
-Jerry Abejo; Dow Jones Newswires; 201-938-5400; AskNewswires@dowjones.com
Dow Jones Newswires 09-30-04 1715ET
Copyright (C) 2004 Dow Jones & Company, Inc. All Rights Reserved.
