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.
Wow, a judge who gets it.
Until and unless CO2 is declared a pollutant in statute, these moonbats are baying at the moon.
And we could have had her instead of Souter.. dang!
I am glad this judge refuses to legislate from the bench.
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?
I'd love to see a judge nominee answer one of the Senator's question with, "I'm not allowed to write law".
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!
"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.
and I have to say it: Global Warming, LOL
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.
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....
Congress shall not permit the warming of the globe.
=)
--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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.