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Judge throws out AGs' global warming suit

On Thursday U.S. District Court Judge Loretta Preska in Manhattan dismissed the much-publicized suit (more, more) filed by eight state attorneys general, including Lockyer (Calif.), Spitzer (N.Y.), and Blumenthal (Ct.), against five electric utilities seeking to impose more restrictive greenhouse-gas controls than those prescribed by federal clean-air law. "Cases presenting political questions are consigned to the political branches that are accountable to the people, not to the judiciary," wrote the judge. For a foreshadowing of the result, see Aug. 16. For another recent high-profile case in which Judge Preska was obliged to remind plaintiff's counsel of the difference between courts and legislatures, see Apr. 12 (Dickie Scruggs's nonprofit hospital litigation).



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.