WASHINGTON – A unanimous U.S. Supreme Court yesterday rejected an ambitious effort by a number of states and private land trusts to combat climate change through public nuisance lawsuits against major utilities.
The Court, in an opinion by Justice Ruth Bader Ginsburg, held that the federal Clean Air Act and actions by the U.S. Environmental Protection Agency “displace” any federal common-law right to protect citizens from the public nuisance created by carbon-dioxide emissions from fossil-fuel-fired power plants. (Justice Sonia Sotomayor did not participate in the case.)
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