Environmental Alert: The Second Circuit Reinstates Global Warming Federal Nuisance Claims against Utilities: Connecticut, et al. v. American Electric Power Co., Inc., et al.


On September 21, 2009, in a 140-page opinion, the Second Circuit Court of Appeals reversed the district court‘s dismissal of global warming federal nuisance claims brought by eight states, the City of New York, and various environmental groups against six electric power companies in the case of Connecticut, et al. v. American Electric Power Co., et al.1 The plaintiffs are seeking abatement of defendants‘ emissions of greenhouse gases that allegedly contribute to the public nuisance of global warming. In 2005, the district court held that the plaintiffs‘ claims presented a non-justiciable political question and dismissed the action.

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