U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number

05-5104, 05-5119


Case Updates


September 21, 2009

The Second Circuit vacated and remanded the district court's dismissal of this lawsuit.

U.S. Chamber files amicus brief in climate change debate

March 02, 2006

Attorneys general from eight states—California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont, and Wisconsin—and the City of New York sued several of the nation’s leading utility companies under the so-called “federal common law” of nuisance, which they claim protects the public from the threats of global warming. The plaintiffs are appealing a district court decision which rejected this novel legal theory on the grounds that courts are ill-suited to make public policy decisions on global warming. The plaintiffs have demanded that the utilities cut their carbon dioxide emissions by at least 3% per year for 10 years. NCLC’s amicus brief warned that if plaintiffs are allowed to sue under public nuisance laws, any industry engaged in lawful activities may find itself in court simply because someone found their activities offensive or inconvenient.

Case Documents