Attorney General Curtis Hill announced that a 15-state coalition led by Indiana has prevailed in its support of a motion to dismiss a federal lawsuit filed by New York City against five fossil-fuel companies. In its lawsuit, New York City claimed that the five corporations violated “common law” because they contributed to global warming – which, the plaintiffs said, constitutes a “public nuisance,” a “private nuisance” and “trespass.” In dismissing the lawsuit, the U.S. District Court for the Southern District of New York stated that the Clean Air Act and the Environmental Protection Agency’s corresponding enforcement authority superseded federal common law nuisance claims pertaining to emissions. The district court also cited the separation of powers doctrine, stating that courts should exercise restraint in matters best left to the executive and legislative branches of government. The dismissal of this case comes just four weeks after another federal district court dismissed a nearly identical case in California. In that case, Indiana also led a 15-state amicus brief seeking dismissal. Indiana was joined in its amicus brief by Alabama, Arkansas, Colorado, Georgia, Kansas, Louisiana, Nebraska, Oklahoma, South Carolina, Texas, Utah, West Virginia, Wisconsin and Wyoming.
July 24th, 2018|Local News|