states

Supreme Court Rejects States’ Climate Change Nuisance Lawsuit

The Supreme Court today issued its long-awaited decision in an important climate change case, American Electric Power v. Connecticut.  http://www.supremecourt.gov/opinions/10pdf/10-174.pdf   As expected, the Court rejected a public nuisance lawsuit that a coalition of states and private land trusts had brought against the owners of Midwestern coal-fired power plants, challenging their massive greenhouse gas emissions on …

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Damage Control for the States: Predicting the Outcome in AEP v. Connecticut

Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …

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Previewing the Supreme Court Oral Arguments in AEP v. Connecticut

On Tuesday the U.S. Supreme Court hears oral arguments in the only environmental case on its docket this Term: American Electric Power v. Connecticut. At issue in this critically important climate change case is whether a coalition of states, New York City and several private land trusts can pursue a federal common law nuisance claim …

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A republican moment on climate change? Maybe not yet

The environmental community has been understandably excited about the prospect of finally getting U.S. legislative action in light of the popularity of Al Gore’s An Inconvenient Truth, the development of a public consensus on the reality of global warming, the election of Barack Obama, and strong Democratic majorities in both House and Senate.  That optimism, …

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