Supreme Court to Hear Appeal of Connecticut v. American Electric Power


The Supreme Court of the United States has granted certiorari in the Second Circuit's Connecticut v. American Electric Power decision, which allowed federal common law nuisance claims to proceed against several utilities because of their greenhouse gas emissions. Among the issues raised are whether federal environmental programs now preempt the field and whether the case should be dismissed under the political question doctrine or on standing grounds.

In Spring 2011 the Supreme Court of the United States will hear an appeal of State of Connecticut v. American Electric Power Co., 582 F.3d 309 (2d Cir. 2009), which determined that eight states, as well as New York City and three environmental land trusts, could bring federal common law nuisance claims against six electric power corporations. The claims were intended to cap and then reduce carbon dioxide emissions from what were alleged to be the five largest emitters of carbon dioxide in the United States, with fossil fuel-fired power plants in 20 states. The Second Circuit reversed a lower court decision dismissing the lawsuit under the political question doctrine, i.e., that claims which present non-justiciable political questions cannot be decided by the judiciary.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:


McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.