The order overrides a district judge’s 2005 ruling, which dismissed the cases, saying the lower court was wrong to throw out the complaints against the utilities. The utilities had claimed that if the court ordered a reduction in emissions, the move would interfere with the President’s efforts to persuade other nations to reduce their emissions. U.S. District Judge Loretta Preska dismissed the cases on the grounds that reducing carbon dioxide emissions was a matter to be dealt with by Congress, not the court system.

The utilities involved include the TVA, American Electric Power, Southern Co., Xcel Energy and Cinergy, now owned by Duke Energy. Plaintiffs in the lawsuits include New York, Connecticut, California, Iowa, New Jersey, Rhode Island, Vermont, Wisconsin, New York City and land trusts Open Space Institute, Open Space Conservancy and the Audubon Society of New Hampshire.

“This is a game-changing decision for New York and other states, reaffirming our right to take direct action against global warming pollution from power plants,” said New York Attorney General Andrew Cuomo. “Today’s decision allows us to press this crucial case forward and address the dangers posed by these coal-burning power plants. My office will continue to be a leader in the fight to tackle the risks global warming poses to our environment, public health and economy.”

SOURCE: Coal Ash Spill › TVA facing lawsuit that seeks to enforce emission reduction

As part of the campaign, protestors will march Saturday along Palm Canyon in Palm Springs and ask Congress to “quit coal and other fossil fuels and support a clean energy economy,” according to the report. “It is a major source of air and water pollution and leaves in its wake huge, toxic waste piles of ash.”

The protest comes two and a half months after the Tennessee Valley Authority (TVA) Kingston, Tennessee coal ash impoundment failed, dumping 2.2 million pounds of toxic coal ash on to 300 acres of property in rural east Tennessee. Coal ash contains toxins such as arsenic and lead, which contribute to serious health issues such as cancer, liver damage and neurological complications. Residents in the area already have reported experiencing breathing problems since the spill occurred.

The utility is shelling out a million dollars daily to clean up the mess, which destroyed homes and damaged property. Total cleanup costs are expected to ring in between $525 million and $825 million, according to the TVA. The utility also has vowed to convert the coal ash ponds at its Kingston plant to dry ash storage, which will take up to two years to complete.

SOURCE: Coal Ash Spill › Southern California communities march for safer alternatives to coal-burning