United States Supreme Court Case Term Paper Example | Topics and Well Written Essays - 1750 words - 1

United States Supreme Court Case - Term Paper Example ht to bring claims against the private sector on the neglect of the Clean Air Act if the Environment Protection agency fails in its part in the regulation of the emission of the gases by the power plants1. Connecticut v. American Electric Power Company, Inc. case was since filed by 8 states in 2004. This involved the New York City and 3 private petitioner environmental organizations up against the activities of an assortment of electric service companies. It was asserted by 2 complainants public nuisance under the state common law and the federal law as claims and argued that the natural resources as well as the human health will continue to suffer under the adverse effects of global warming. The plaintiff sought for the courts to have a resolution that would have the companies their carbon dioxide emanations. It was argued by the plaintiff that the power companies infringed on the public rights through the violation of the national common law of interstate nuisance or the alternative state tort law2. The plaintiff sought a decree that would set emissions of carbon dioxide and other green house gases for each of the defendants at the initial cap to be reduced annually. The complainants were dismissed by the district court in New York which was presiding over the case on the view that the case raised political inquiries that were thought to be inappropriate for a judicial resolution. It was argued by the court that the issues on climate change that had been presented by the plaintiff would require a delicate balancing of the environment, foreign, economic policies and the interests of the national security. This, the court argued that would be better handled by the political branch of the government rather than the judicial3, arguing further that ruling on such a matter would be tantamount to the court abrogating the role of the Congress to set legislations and standards for hearing such a case. The Supreme Court in 2007 ruled over the Massachusetts v. EPA, 549