"Challenging the appropriateness of using the courts to address climate change, Indiana and 11 other states are urging the Supreme Court to overturn an appeals court decision that would allow greenhouse gas emitters to be sued for their contribution to global warming.

The case, American Electric Power v. Connecticut, is headed to the Supreme Court this fall after the 2nd U.S. Circuit Court of Appeals decided last year that other states, including Connecticut and New York, had standing to sue coal-fired utilities for their share of the damage caused by climate change.

Their lawsuit, joined by environmental advocacy groups and New York City, argues that greenhouse gas emissions can be limited by the courts because they are a "public nuisance" under common law."

Gabriel Nelson reports for Greenwire September 9, 2010. [2]