Byproducts Of Restricting EPA Authority

Law360, New York (August 1, 2011, 12:25 PM EDT) -- In the U.S. Supreme Court’s June 20, 2011, American Electric Power Co. Inc., et al. v. Connecticut, et al. decision, a unanimous court provided a significant victory to business, while simultaneously reaffirming its broad view of the Environmental Protection Agency’s authority under the Clean Air Act to regulate carbon dioxide emissions.

The court’s 8-0 decision rejected eight states’ efforts to bring a federal common law nuisance action against five major electric power companies because “Congress delegated to EPA the decision whether and how to regulate carbon-dioxide...
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