The Divide Over Climate Tort Claims

Law360, New York (November 24, 2009, 1:55 PM EST) -- In the wake of the U.S. Court of Appeals for the Second Circuit’s precedent-setting decision in State of Connecticut, et al. v. American Electric Power Company Inc., et al., the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Court for the Northern District of California have issued opinions of their own in tort suits challenging the emission of greenhouse gases (GHGs).[1]

In AEP, the Second Circuit, overturning the trial court’s ruling, recognized the validity of federal common law public nuisance claims challenging...
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