Supreme Court deals setback for Environmental Activists and Refugees

by: wade norris

Sat Apr 23, 2011 at 12:59:48 PM MST

On September 21, 2009,
the Second Circuit made an important decision on a case known as
Connecticut vs American Electric Power.
Without going into too much detail, this was a case several groups like the Audubon society were trying to stop coal plant emissions because it was harming the value of their land trusts. The lower court ruled as other courts have, that Climate Change was part of the political realm, not the courts.
However, the appellate court overturned this decision on the grounds that the Energy company were causing a public nuisance, and nuisance cases have been heard by courts for decades.

"Nowhere in their complaints do plaintiffs ask the court to fashion a comprehensive and far-reaching solution to global climate change, a task that arguably falls within the purview of the political branches. Instead, they seek to limit emissions from six domestic coal-fired electricity plants on the ground that such emissions constitute a public nuisance that they allege has caused, is causing and will continue to cause them injury."

Unfortunately, as of April 20th, 2011, it seems that even the 'liberal' judges on the Supreme court are going to side with the Utilities :

   Justice Elena Kagan also questioned the scope of the case, refuting Underwood's argument that public nuisance pollution suit was like any other pollution suit. "All those other pollution suits that you've been talking about are much more localized affairs. One factory emitting discharge into one stream-they don't involve these kinds of national/international policy issues ... I mean, there's a huge gap, a chasm between the precedents you have and this case, isn't there?"

   Justice Ruth Ginsburg, meanwhile, questioned the court's jurisdiction in setting standards for emissions. "Asking a court to set standards for emissions sounds like the kind of thing that EPA does," she said. "The relief you're seeking seems to me to set up a district judge, who does not have the resources, the expertise, as a kind of super-EPA."

Saudis block key Climate Study

by: wade norris

Sat Jun 12, 2010 at 14:45:44 PM MST

Growing Tension On The Korean Peninsula

by: Bill Egnor AKA Something The Dog Said

Thu May 20, 2010 at 06:20:44 AM MST

This might be marginally tolerable if it did not seem that the North Korean government was not intent on stirring up further trouble. In March of this year a South Korean corvette, the Cheonan sunk in waters just outside the boundaries claimed by the North. The immediate suspicion that this ship was sunk by a North Korean torpedo have been confirmed.