Second Circuit Remands Connecticut v. AEP
In climate change news, the Second Circuit has (finally!) issued its decision in the case of Connecticut v. AEP, where a bunch of states sued electric power producers, saying that their carbon emissions constitute a common-law “public nuisance.” The appellate court overturned the trial court’s (completely unsupportable and poorly reasoned) decision that such a lawsuit was a nonjusticiable “political question.”
This potentially could add some force to the climate change negotiations in the Senate. The Ninth Circuit is considering a similar case with regard to the automakers.
It’s a long opinion — more than 150 pages, so it will take Dan at least three minutes to read. I will try to have some comments on it tonight.
And no: Sonia Sotomayor, who originally was the presiding judge in the case, did not sign the opinion. It was signed by the other two judges.
Jonathan Zasloff teaches Torts, Land Use, Environmental Law, Comparative Urban Planning Law, Legal History, and Public Policy Clinic – Land Use, the Environment and Loc…READ more