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Expert Analysis

AEP V. Conn.: Empty Victory For Corporate Defendants?

Law360, New York (June 28, 2011, 5:56 PM EDT) -- On June 20, 2011, the U.S Supreme Court handed down its decision in the case of American Electric Power Inc. v. State of Connecticut, No. 10-174. The court reversed, by a vote of 8-0, the Second Circuit's ruling allowing the plaintiffs' lawsuit against five electric utility companies to reduce greenhouse gas emissions to proceed under a federal common law public nuisance theory. In addition, and just as significant, the court affirmed, by an equally divided vote, the Second Circuit's decision holding that the plaintiffs had standing to sue....

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