UTILITIES ASK JUDGE TO DISMISS STATE CLIMATE CHANGE LAWSUIT

October 7, 2004
Five power companies filed joint and separate motions in federal court Sept. 30 asking that a lawsuit by state attorneys general (AGs) seeking greenhouse gas emission reductions be dismissed for lack of legal justification, including separation of powers, jurisdictional and standing grounds. The omnibus brief filed by American Electric Power (AEP), Cinergy, Xcel Energy, Southern Company and the Tennessee Valley Authority (TVA) in the U.S. District Court for the Southern District of New York says, "Congress has affirmatively chosen not...


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