Regulating The Environment Through The Courts

Law360, New York (June 7, 2011, 3:26 PM EDT) -- The recent Supreme Court argument in American Electric Power Company Inc., et al., v. Connecticut, et al. (AEP), has put the spotlight on the use of common-law public nuisance to regulate greenhouse gas emissions. But the case raises the much broader issue of whether setting environmental standards should be left to the expert agency, or whether courts should take on the responsibility of standard-setting in the context of common-law tort suits.

The proliferation of such lawsuits raises a number of concerns, such as whether lay judges...
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