![]() |
| Comer vs. Murphy Oil court case rejected. (Image Agencia Brazil) |
Though the plaintiffs were demanding compensation for damages in a climate change litigation trial, their claim required that the district court created and enforced emission standards upon the defendants and all other emitters. The defendants argued in the same way as the defendants in the Connecticut v. American Electric Power case, stating that this is beyond the scope of the judicial branch and that this is a legislative issue.
The political questions doctrine is therefore an obstacle. The authors of the blog suppose that the judges at the superior (appeal) court will find it difficult to overrule this dismissal.
See also:
http://www.sdma.com/mississippi-federal-court-sacks-climate-change-lawsuit-for-a-second-time-04-06-2012/
See the original court decision here.
