American Electric Power v. Connecticut

Charting the Progress of the Latest Chapter in American Climate Change Litigation

State and Local Governments’ Common Law-Based Lawsuits Against the Energy Industry Are Steadily Gaining Traction

The latest chapter in American climate change litigation has been launched by local governments–and one state–across the U.S. against domestic and international fossil fuel companies.  These lawsuits have been brought under one of the oldest and most venerable legal doctrines–state common law.  They seek compensation from the energy industry for the myriad, adverse effects of …

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Ninth Circuit Finds Public Nuisance Lawsuit Unavailable to Address Climate Change Impacts on Threatened Native Alaskan Village

Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change.   Kivalina contended that the companies’ greenhouse gas emissions constituted a public …

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The Last Standing Article You’ll Ever Have to Read

Using the Supreme Court’s ruling on public nuisance law and climate change as an example, the essay argues that standing doctrine has become so incoherent and manipulable that it has lost any real function.

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What to Expect This Year in Terms of Climate Action

Although there will be many flashing lights and loud noises, 2011 will primarily be a year in which various events that are already in play evolve toward major developments in 2012. Litigation. The one exceptional major development in 2011 will be American Electric Power (AEP) v. Connecticut, the climate nuisance case that the Supreme Court …

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