AEP V. Conn.: Empty Victory For Corporate Defendants?
Law360, New York (June 28, 2011, 5:56 PM ET) -- On June 20, 2011, the U.S Supreme Court handed down its decision in the case of American Electric Power Inc. v. State of Connecticut, No. 10-174. The court reversed, by a vote of 8-0, the Second Circuit’s ruling allowing the plaintiffs’ lawsuit against five electric utility companies to reduce greenhouse gas emissions to proceed under a federal common law public nuisance theory. In addition, and just as significant, the court affirmed, by an equally divided vote, the Second Circuit’s decision holding that the plaintiffs had standing...
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