Pollution Lawsuit Dismissed by Judge

A U.S. District Court judge in New York on Thursday dismissed a lawsuit filed by California and seven other states against five utilities alleging that pollution emitted by their plants is a public nuisance causing great harm.

The judge ruled that the case deals with a pressing political issue that should be resolved by Congress, not the courts. California Atty. Gen. Bill Lockyer vowed to appeal.

The plaintiffs alleged that as the nation's largest emitters of carbon dioxide, the utilities posed a threat to public health and the environment. As a result, they sought reductions in pollution.