"Global warming threatens our health, our economy, our natural resources and our children's future," New York Attorney General Eliot Spitzer said in a statement.

"Others are taking action to reduce emissions and these companies could also do so by building cleaner energy sources," he said. "Under accepted and unambiguous law, a court can order them to reduce their emissions. We believe a court should do so and will do so."

The suit, filed in federal district court here, invokes a federal public nuisance law and cites the damaging effect of pollution on the environment and on public health. It does not seek financial damages.

It marks the first time state and local governments have sued private companies to require reductions in the heat-trapping carbon dioxide emissions that scientists say pose serious threats to public health, the economy, and the environment.

In addition to New York City, the states of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin, have signed on to the suit.

Named in the suit are American Electric Power Company, the Southern Company, Tennessee Valley Authority, Xcel Energy Inc. and Cinergy Corporation.

Together, the five power companies own or operate 174 fossil fuel burning power plants in 20 states that emit some 650 million tons of carbon dioxide each year -- almost a quarter of the US utility industry's annual carbon dioxide emissions and about 10 percent of the nation's total, according to the states.

SPACE.WIRE