Comment: Connecticut v. American Electric Power Co.

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This comment discusses Connecticut v. American Electric Power Co. (“AEP”), in which the Court of Appeals for the Second Circuit announced that the federal common law of nuisance could potentially provide the basis for court-led regulation of the nation’s largest power generating companies. The comment argues that such a use of federal common law is only appropriate if it is limited to suits brought by one or more of the fifty states.

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