Global Warming Advocates Receive a Chilly Reception from the Supreme Court – The Foundry

Today the Supreme Court took up the case of American Electric Power Co. v. Connecticut, reviewing a Second Circuit decision finding that states and private parties could sue electricity generators for global warming under the judge-made law of nuisance.  To the Second Circuit, this was just a “garden-variety” claim, despite pitting all the world (those affected by warming) against all the world (those of us who breathe) and asking a court to make some unusual judgments—for example, contriving a national energy policy that permits only the “right amount” of carbon dioxide emissions.

You know you are having a bad day as counsel when you get lectured on separation of powers by Justice Ginsburg.  Making matters worse, counsel for the states, New York State Solicitor General Barbara Underwood, had no plausible reply.

And then there was the whopper.  Underwood argued that imposing carbon-dioxide caps on electricity generators somehow wouldn’t cost a dime.  This led Scalia to quip to counsel that “‘Implausible’ is the word you’re looking for.”

Read more at The Foundry…

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