Block on Trump's Asylum Ban Upheld by Supreme Court
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