Fed Appeals Court Dismisses Katrina Greenhouse Gases Suit

"So many members of the U.S. 5th Circuit Court of Appeals have recused themselves from a rehearing of a lawsuit that charges energy companies with contributing to the effects of Hurricane Katrina by emitting greenhouse gases that the court cannot conduct the rehearing.

The result is a victory for the roughly 30 energy companies being sued, for it essentially reinstates the ruling of the U.S. District Court in Mississippi dismissing the case. The plaintiffs may appeal to the U.S. Supreme Court.

The plaintiffs had scored a victory in the appeals court in October, when a three-judge panel reversed the lower court's ruling and ordered that the suit against the energy companies, filed by residents of coastal Mississippi, be allowed to move forward. "

Mark Schleifstein reports for the New Orleans Times-Picayune June 2, 2010.