Commentary

Only a Partial Win at Supreme Court Against Globaloney Environmental Lawsuit

By Quin Hillyer
Wednesday, June 22 2011

The Constitution and the concept of judicial restraint each won one huge victory on Monday in an environmental lawsuit out of Connecticut, but only by confirming an earlier encroachment on both the Constitution and right reason. That earlier encroachment still bedevils both constitutional law and public policy. The case decided Monday, American Electric Power Company v. Connecticut, involved a suit filed by eight states and several land trusts against five power companies, alleging under “public nuisance” theory that the companies’ air emissions contribute to global warming and…

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