International Paper Company v. Ouellette

Waiting for Connecticut v. AEP

I like New York in June.  The Supreme Court, not so much. June is when the Court finishes up its term and releases any decisions still pending.  This year, that means we will soon get a ruling on Connecticut v. AEP, the public nuisance climate case, which was argued in April.  Just so you can keep score at home, …

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Saving Public Nuisance

I agree with Rick’s take on the oral argument in Connecticut v. AEP — in fact, so much so that I predicted it three years ago!  But if the Supreme Court overturns the Second Circuit on the viability of a federal common law claim, that actually makes the viability of state common law claims stronger. …

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