The Second Circuit Court of Appeals will soon have a rather hot case on their docket as the recently dismissed New York City climate change lawsuit will be appealed.
Though the case was thrown out by the district court, climate change advocates may take some solace in Judge John Keenan’s direct acknowledgement of climate change, as he stated, in dicta that “climate change is a fact of life.” He also mentioned that the President pulled out of the Paris Accord and that climate change is only expected to get worse. But, despite the judge believing in climate science, the case was still dismissed as he explained the court just couldn’t do what NYC was asking.
The decision explains that the issue of climate change and international emissions and pollution is not one for the courts, but rather for the President and Congress.
Relying on the recent Supreme Court precedent in Jesner v. Arab Bank, the court steps away from this case, explaining that matters of foreign policy are better left to the other branches of government.
Judge Keenan’s rationale is easily seen in the section Courthouse News Service aptly quoted:
Related Resources:
- United States Second Circuit Cases (FindLaw’s Cases & Codes)
- Court to Macy’s: Clean Up on Arbitration Aisle (FindLaw’s U.S. Second Circuit Blog)
- Former NY Lawmaker Convicted of Corruption Charges - Again (FindLaw’s U.S. Second Circuit Blog)
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