The Fate Of Global Warming Nuisance Suits

Law360, New York (June 13, 2011, 4:14 PM EDT) -- The United States Supreme Court is poised this month to decide the fate of a novel lawsuit that raises important questions about the role of federal courts in addressing global climate change.

American Electric Power Co. v. Connecticut (“AEP”),[1] argued in April, is one of several lawsuits in the federal court system that attempt to use public nuisance doctrine in creative ways to remediate or slow global warming in the absence of regulatory action by Congress or the U.S. Environmental Protection Agency.

Indeed, activists’ frustration with...
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