Litigation

Recusal Causes Reversal of Climate Change Ruling

By Peter Hardin

Because eight judges of a 16-member federal appeals court now have disqualified themselves, the remaining appeals judges have thrown out a landmark environmental ruling by a three-judge panel.

The panel of the Fifth U.S. Circuit Court of Appeals ruled in 2009 that plaintiffs could go ahead with a lawsuit against utilities, chemical companies and the oil industry over damages that global warming caused, a New York Times article reported.

After seven judges on the appeals court recused themselves, the remaining nine voted for the full court to consider the case, effectively vacating the panel’s decision. The move by seven judges to step aside was presumably due to connections or holdings that could have been perceived as posing a conflict of interests.

More recently an eighth judge recused herself. The remaining judges in turn ruled they lacked a quorum and couldn’t review or reinstate the panel’s decision. Instead they reinstated a ruling by a U.S. district court that dismissed the case, according to the New Orleans Times-Picayune.

To learn about recusal issues in state courts, check out Justice at Stake’s issues page on the topic.

Full post as published by The Gavel on June 03, 2010 (boomark / email).