High Court Curbs Nuisance Suits, Leaves State Door Open

Law360, New York (July 8, 2011, 2:10 PM EDT) -- The U.S. Supreme Court's most significant environmental ruling this past term restricted public nuisance lawsuits over greenhouse gas emissions without derailing climate change litigation altogether, reflecting the current court's deference for literal statutory readings and agency authority, experts say.

The high court's June 20 ruling in American Electric Power Co. v. Connecticut held that the Clean Air Act and the U.S. Environmental Protection Agency's authority under it displaced federal common law claims against power plant operators over greenhouse gas emissions.

But attorneys say questions remain over...
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