Federal Court Announces That Plaintiffs May Bring Nuisance Claims Against Power Plants for Global Warming


On September 21, 2009, the Court of Appeals for the Second Circuit ruled that plaintiffs may bring federal nuisance claims against owners of power plants.

In 2004, eight states, New York City and three private land trusts (hereinafter the “Plaintiffs”) filed suit against six electric power corporations that own and operate fossil-fuel-fired power plants in 20 states (hereinafter the “Defendants”). Plaintiffs alleged that Defendants, as the largest emitters of carbon dioxide in the United States, are contributing to global warming and causing serious harm affecting human health and natural resources. Plaintiffs brought suit under the federal common law of nuisance to force Defendants to cap and then reduce their carbon dioxide emissions.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Written by:


Lane Powell PC on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.