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High Court Limits GHG Nuisance Claims In AEP Ruling
By Martin Bricketto
Law360, New York (June 20, 2011, 11:43 AM ET) -- The U.S. Supreme Court on Monday dealt a blow to parties suing power companies over greenhouse gas emissions, finding that the Clean Air Act and the U.S. Environmental Protection Agency's authority displace federal common law claims over the pollution, but experts say the narrow opinion won't mean an end to nuisance claims over climate change.
Ruling in American Electric Power Co. v. Connecticut, the high court reversed a Second Circuit decision in 2009 in favor of states and land trusts suing AEP and other power plant...