Tuesday, January 18, 2011

Connecticut vs. American Power

Kermit Lind just alerted me to a case the rest of you are probably already following, Connecticut vs. American Electric Power.  Following is a synopsis from the Climate Change and Clean Technology Blog.

On December 6, 2010, the Supreme Court granted certiorari in American Electric Power Co. v. Connecticut, a federal nuisance case on appeal from the Second Circuit. Plaintiffs -- eight states, the City of New York and three non-profit land trusts -- seek abatement and reduction of greenhouse gas emissions from defendants, who include some of the United States’ largest electric utility companies. The Second Circuit ruled that: (1) the case did not present a non-justiciable political question, (2) the plaintiffs have standing, (3) the plaintiffs stated claims under the federal common law of nuisance, (4) the plaintiffs' claims are not displaced by the Clean Air Act ("CAA"), and, finally, (5) the Tennessee Valley Authority (“TVA”), a quasi-governmental defendant, is not immune from the suit. See Connecticut v. American Electric Power Co., 582 F.3d 309 (2nd Cir. 2009).

This is a case to watch out for during this Supreme Court term.

Read more here.

Jamie Baker Roskie

http://lawprofessors.typepad.com/land_use/2011/01/connecticut-vs-american-power.html

Climate, Environmentalism, Federal Government, Industrial Regulation, Land Trust, Local Government, New York, Nuisance, Property Rights, State Government, Supreme Court | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0147e1b5fead970b

Listed below are links to weblogs that reference Connecticut vs. American Power:

Comments

Post a comment