Understandable, But Disappointing

I was initially stunned by the decision of the Obama Admin to appeal this pro-environmental ruling, which would allow plaintiffs to use common law nuisance claims against green house gas emitters.

Then I saw the appeal was on behalf of the TVA.

Clearly the Obama people bought the "think like an incumbent" argument, arguing that that potential federal liability outweighed the positive impact from an environmental perspective.

Yet another critical constitutency pissed off before the election.