In an action seeking abatement of defendants' ongoing contributions to the public nuisance of global warming, the dismissal of the complaint is vacated where: 1) plaintiffs' claims did not present non-justiciable political questions; 2) plaintiffs had Article III standing to bring their claims; 3) plaintiffs stated claims under the federal common law of nuisance; 4) plaintiffs' claims were not displaced by the Clean Air Act; and 5) the discretionary function exception did not provide defendant Tennessee Valley Authority with immunity from suit.
Argued: June 7, 2006
Decided: September 21, 2009
Opinion by Judge Hall
Peter Lehner, Bureau Chief, Environmental Protection Bureau of the State of New York, New York, NY