On June 20, 2011, the U.S. Supreme Court issued its much-anticipated decision in American Electric Power v. Connecticut,1 the second climate change case to be decided by that Court and the first to concern common law claims. The decision resolves a few issues but leaves many others open.
By way of background, in 2004, at a time when environmentalists were frustrated at the refusal of Congress and President George W. Bush to regulate greenhouse gases (GHGs), two suits were brought against six electric power companies that run fossil fuel plants in a total of 20 states. One suit was brought by eight states and New York City; the other suit was brought by three land trusts. The plaintiffs in both cases claimed that the GHGs from the power plants constitute a common law nuisance, and they asked the U.S. District Court for the Southern District of New York to issue an injunction requiring the plants to reduce their emissions.
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