In a game-changing court decision Monday, the U.S. Court of Appeals for the Second Circuit gave the green light to private and state lawsuits against greenhouse gas polluters.
The court overturned a lower court decision that said global warming was a political question, to be decided only by legislatures.
Matt Pawa, a Massachusetts public interest lawyer who is largely responsible for this litigation,reacted this way:
"Today, we celebrate a victory for mother Earth. Global Warming polluters everywhere: you are on notice that you are committing a tort and we will sue you."
The Second Circuit, an important, regional federal appeals court based in New York, ruled that "public nuisance" law can be used to sue power companies based upon injuries from global warming.
Eight states of the US, New York City, and three nonprofit "land trusts" that seek to preserve environmentally sensitive land sued power companies that own and operate fossil fuel (coal, etc.) power plants in 20 states of the US.
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