Kansas Attorney General Steve Six joined with nine other states in an amicus brief filed by the state of Indiana requesting the U.S. Supreme Court hear the case of AEP v. Connecticut.
Six and others are pushing the Supreme Court to hear arguments in hopes of the court overturning an Appeals Court ruling.
At issue in the case is whether the judicial branch is the appropriate place to make policy determinations on greenhouse gas emissions.
“Like most Kansans, I am weary of lawsuits which attempt to bypass our legislative process and ask the courts to set public policy,” said Attorney General Six. “The Second Circuit Court of Appeals ruling in this case is an intrusion on the policy making authority of the legislative and executive branches. The proper place for a debate over greenhouse gas regulation is among policy makers, not in the court system.”
The case originated in 2004 when eight states sued five energy companies, asking the a New York federal district court to hold the companies liable for their greenhouse gas emissions, which the states deemed a public nuisance.
The court dismissed the case noting that emissions was an issue that should be dealt with by the legislature, not the courts. But the appeals court reversed the decision, reinstating the lawsuit for a decision. Now Six and other state’s attorneys are asking the Supreme Court to dismiss the case.
“Congress and the executive branch have only recently begun to debate regulating greenhouse gas emissions, and the complex question is a best left to our policy makers,” said Attorney General Six. “Allowing the courts to short circuit our political process could subject Kansas industry to unforeseen liability through lawsuits, and those lawsuits could be brought in courts outside of Kansas.”
In a press release issued Friday, Six noted that power plants and other facilities that emit greenhouse gases could be held liable if the ruling is allowed to stand, which could mean major consequences for Kansas industries.
“As Attorney General, I have consistently opposed political lawsuits designed to circumvent the role of elected policy makers,” Six said.
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Kansas Attorney General Steve Six joined with nine other states in an amicus brief filed by the state of Indiana requesting the U.S. Supreme Court hear the case of AEP v. Connecticut.
Six and others are pushing the Supreme Court to hear arguments in hopes of the court overturning an Appeals Court ruling.
At issue in the case is whether the judicial branch is the appropriate place to make policy determinations on greenhouse gas emissions.
“Like most Kansans, I am weary of lawsuits which attempt to bypass our legislative process and ask the courts to set public policy,” said Attorney General Six. “The Second Circuit Court of Appeals ruling in this case is an intrusion on the policy making authority of the legislative and executive branches. The proper place for a debate over greenhouse gas regulation is among policy makers, not in the court system.”
The case originated in 2004 when eight states sued five energy companies, asking the a New York federal district court to hold the companies liable for their greenhouse gas emissions, which the states deemed a public nuisance.
The court dismissed the case noting that emissions was an issue that should be dealt with by the legislature, not the courts. But the appeals court reversed the decision, reinstating the lawsuit for a decision. Now Six and other state’s attorneys are asking the Supreme Court to dismiss the case.
“Congress and the executive branch have only recently begun to debate regulating greenhouse gas emissions, and the complex question is a best left to our policy makers,” said Attorney General Six. “Allowing the courts to short circuit our political process could subject Kansas industry to unforeseen liability through lawsuits, and those lawsuits could be brought in courts outside of Kansas.”
In a press release issued Friday, Six noted that power plants and other facilities that emit greenhouse gases could be held liable if the ruling is allowed to stand, which could mean major consequences for Kansas industries.
“As Attorney General, I have consistently opposed political lawsuits designed to circumvent the role of elected policy makers,” Six said.
