Yesterday, the U.S. Supreme Court announced that it has accepted certiorari over an appeal by several large power companies from a Second Circuit decision allowing public nuisance claims based on greenhouse gas emissions to proceed. The case was brought by eight states, three non-profit land trusts, and New York City seeking to impose injunctions on the defendants to restrict their carbon emissions. The claims were initially dismissed by the Southern District of New York on political question grounds, but reinstated by the Second Circuit last fall. As we previously blogged, the Obama Administration urged the Supreme Court several months ago to review the circuit court's decision.
Justice Sonia Sotomayor recused herself from the decision to grant certiorari since she heard arguments on the case while on Second Circuit.
Plaintiff's in a similar case from the Fifth Circuit are apparently still waiting to hear whether the Supreme Court will accept their appeal.