Monday, June 20, 2011

Supreme Court Issues AEP v. Connecticut Opinion

The U.S. Supreme Court has issued its opinion in AEP v. Connecticut, holding, by an equally divided Court, that the Second Circuit properly exercised jurisdiction over nuisance claims arising from carbon dioxide emissions.  The Court's opinion also holds that the Clean Air Act and the EPA actions enabled by the Act displace the common law nuisance claims in the case.  More analysis to come soon.

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