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High Court Weighs EPA's Purview In GHG Emissions Suit

Law360 (April 19, 2011, 6:34 PM EDT) -- U.S. Supreme Court justices on Tuesday questioned whether a common law public nuisance suit against major greenhouse gas emitters was treading on territory typically, and perhaps more appropriately, handled by the U.S. Environmental Protection Agency.

During oral arguments in American Electric Power Co. v. Connecticut, Justice Ruth Bader Ginsburg told New York Solicitor General Barbara D. Underwood — who argued for the states and conservation groups that brought the landmark global warming case — that the emissions standards sought in the litigation “sounds like the kind...
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