public nuisance

U.S. Supreme Court to Hear Climate Change Nuisance Case

The 2010-2011 U.S. Supreme Court case promises to be a blockbuster one for environmental law.  The Court today announced that it had granted a petition for certiorari filed in AEP v. Connecticut (the lower court decision in the case is here).  The case, brought by  a number of states against the country’s five larges utilities , …

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Connecticut v. AEP Cert Decision Soon?

A reporter just called me for background on the climate change public nuisance case from the Second Circuit, Connecticut v. AEP.  She said, “As you probably know, the Supreme Court will announce on Monday whether it will take the case.” Um, no, actually: I didn’t know that.  The Supremes make their decisions throughout the year, …

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Obama Sides With the Polluters

This is pretty self-explanatory: The Obama administration has urged the Supreme Court to toss out an appeals court decision that would allow lawsuits against major emitters for their contributions to global warming, stunning environmentalists who see the case as a powerful prod on climate change. Read the whole thing.  It’s hard for me to tell …

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What will Obama do about Connecticut v. AEP?

I just got a call from the managing editor of Carbon Control News, which seems to be a pretty informative and useful web-based publication.  His question: why hasn’t the Tennessee Valley Authority joined the rest of the utilities in asking the Supreme Court to grant certiorari in Connecticut v. AEP, the federal common law public …

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