The mystery surrounding the very brief, per curiam panel decision in the New Haven firefighters’ discrimination case is not the only mystery involving Supreme Court nominee Sonia Sotomayor of the 2nd U.S. Circuit Court of Appeals. A major climate change lawsuit brought by eight states against five utilities has been pending decision for nearly three years before an appellate panel on which Sotomayor is the presiding judge.

“No one knows why the case has never been decided,” said David Doniger, policy director of the Natural Resources Defense Council‘s Climate Center.