Obama Administration Opposes Nuisance Suit Against Utilities

The Obama Administration has joined sides with those opposing a lawsuit by several states and NGOs seeking to enjoin Eastern coal-fired power plants from operation under a nuisance theory. The Tennessee Valley Authority, a federal agency, is one of the coal-burning entities under attack, and the Justice Department filed a brief on its behalf asking the Supreme Court to review a decision by the Second Circuit that allows the suit to proceed. The Administration argues that it has regulated greenhouse gases, leaving no room for nuisance actions by private entities. The Washington Post story is here, while the Natural Resources Defense Council blog expressing umbrage at the Administration is here.

There have been a number of lawsuits by entities (Inuit villages, states, coastal communities) seeking damages from corporations they believe are harming them by contributing to global warming. Global warming and, more importantly, its alleged harmful effects, are gospel among true believers, but it would be interesting to see whether the science holds up if it is subjected to the sort of scrutiny that would occur in a court of law.