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Judge reluctant to rule on global warming
AP on Bakersfield Californian ^ | 8/12/05 | Larry Neumeister - AP

Posted on 08/12/2005 11:32:12 PM PDT by NormsRevenge

NEW YORK (AP) - 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.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Front Page News; Government; Politics/Elections; US: California; US: Connecticut; US: Iowa; US: New Jersey; US: New York; US: Rhode Island; US: Vermont; US: Wisconsin
KEYWORDS: globalwarming; interstatepollution; judge; landtrusts; lawsuit; reluctant; rule
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1 posted on 08/12/2005 11:32:12 PM PDT by NormsRevenge
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To: NormsRevenge
Preska, Loretta A.
Born 1949 in Albany, NY

Federal Judicial Service:
U. S. District Court, Southern District of New York
Nominated by George H.W. Bush on March 31, 1992, to a seat vacated by Robert J. Ward; Confirmed by the Senate on August 11, 1992, and received commission on August 12, 1992.

Education:
College of St. Rose, B.A., 1970

Fordham University School of Law, J.D., 1973

New York University School of Law, LL.M., 1978

Professional Career:
Private practice, New York City, 1973-1992


Race or Ethnicity: White

Gender: Female

2 posted on 08/12/2005 11:34:39 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: NormsRevenge; freepatriot32; Carry_Okie; calcowgirl; SierraWasp; B4Ranch
"Why should I do something that Congress and the president have decided they don't want to do as a matter of policy?"

Wow, a judge who gets it.

3 posted on 08/12/2005 11:35:21 PM PDT by FOG724 (RINOS - they are not better than the leftists, they ARE the leftists.)
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To: NormsRevenge

Until and unless CO2 is declared a pollutant in statute, these moonbats are baying at the moon.


4 posted on 08/12/2005 11:37:10 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: FOG724

And we could have had her instead of Souter.. dang!


5 posted on 08/12/2005 11:38:07 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: NormsRevenge

I am glad this judge refuses to legislate from the bench.


6 posted on 08/12/2005 11:39:14 PM PDT by FairOpinion
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To: NormsRevenge

You know the dems rule.. if you cannot get it by election - have a judge make it up for you. Sounds like this judge gets it, though.

It is up to congress to pass the laws. If these companies are not violating any laws, why are they even in court?


7 posted on 08/12/2005 11:39:20 PM PDT by BoBToMatoE
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To: NormsRevenge

I'd love to see a judge nominee answer one of the Senator's question with, "I'm not allowed to write law".


8 posted on 08/12/2005 11:40:19 PM PDT by FOG724 (RINOS - they are not better than the leftists, they ARE the leftists.)
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To: NormsRevenge
"Why should I do something that Congress and the president have decided they don't want to do as a matter of policy?"

Holy cow, I can't believe my eyes!! A judge said this? In America? Sandra Day O'Connor is turning over in her grave. What? She's not dead? Well, she'll soon put a stop to this!

9 posted on 08/12/2005 11:40:57 PM PDT by Originalist (Clarence Thomas for Chief Justice!!)
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To: NormsRevenge

"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."

So then what's the point, Peter? There are already laws restricting pollutants. Sounds like a back-off (rhymes with. . .) to me.


10 posted on 08/12/2005 11:41:32 PM PDT by hsalaw
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To: Originalist
Forgot the /sarc tag again ;)
11 posted on 08/12/2005 11:42:12 PM PDT by Originalist (Clarence Thomas for Chief Justice!!)
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To: NormsRevenge
Wow. an intelligent judge.

and I have to say it: Global Warming, LOL

12 posted on 08/12/2005 11:49:21 PM PDT by Ain Soph Aur
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To: Ain Soph Aur

LOL - or the power company could meet the target by cutting back power production by 3.1% What? No power you say? We would be breaking the law to provide power to you.


13 posted on 08/12/2005 11:53:20 PM PDT by Ingtar (Understanding is a three-edged sword : your side, my side, and the truth in between ." -- Kosh)
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To: The Red Zone
Those who wish to call CO2 a pollutant in statute, should stop breathing and help their cause.
14 posted on 08/12/2005 11:53:31 PM PDT by KingNo155
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To: NormsRevenge

The only way a judge is supposed to do anything that Congress and the president don't want to do is if they are to remedy a violation of the Constitution. The last time I checked, the Constitution doesn't say anything about global warming....


15 posted on 08/12/2005 11:57:01 PM PDT by AntiGuv ("Reality is that which, when you stop believing in it, doesn't go away." Philip K. Dick)
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To: NormsRevenge
Proposed Amendment XXVIII

Congress shall not permit the warming of the globe.

=)

16 posted on 08/13/2005 12:01:50 AM PDT by AntiGuv ("Reality is that which, when you stop believing in it, doesn't go away." Philip K. Dick)
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To: NormsRevenge

--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.---

I want these power companies to stop selling power to the states who brought the suit. See how long the suits last once the citizens are calling for their AG's to be tarred and feathered.


17 posted on 08/13/2005 12:04:47 AM PDT by flashbunny (Always remember to bring a towel!)
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To: FairOpinion
The Liberals/DEMS/Enviro wackos are sadden.
18 posted on 08/13/2005 12:09:41 AM PDT by Prophet in the wilderness (PSALM 53 : 1 The ( FOOL ) hath said in his heart , There is no GOD .)
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To: BoBToMatoE
If these companies are not violating any laws, why are they even in court? because ? the America haters, enviro wackos, liberals want to bring these companies to court to have them spend countless money on their defense, and cause them to go bankrupted.
19 posted on 08/13/2005 12:11:31 AM PDT by Prophet in the wilderness (PSALM 53 : 1 The ( FOOL ) hath said in his heart , There is no GOD .)
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To: NormsRevenge


The largest C02 emiiters on the planet are the oceans. Global Warming is a scare tactic and the largest scam ever tried .
20 posted on 08/13/2005 12:14:48 AM PDT by John Lenin (Hillary Clinton =RAT Titantic)
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