Author: Luke A. Wake
It is surprising to see that the Obama Administration has filed a brief with the U.S. Supreme Court supporting the petitioners in AEP v. Connecticut. They are asking the Supreme Court to reverse the Second Circuit decision permitting Connecticut and number of other plaintiffs to sue energy companies for their emission of carbon. PLF will be taking a very similar position in support of the petitioners, as we have consistently opposed such suits on the ground that global warming litigants lack standing, and that they raise non-justiciable political questions.
It would seem that that the Obama Administration's opposition to these suits validates our contention that the international problem of climate change is best addressed by the elected branches of government. We are hopeful that the Supreme Court will take up the this case to resolve the important questions raised. Otherwise environmental activists will force our courts to set our national global warming policies, possibly frustrating the preferred approach of our elected representatives.