AEP V. Conn. — Unanswered Questions

Law360, New York (September 20, 2011, 12:40 PM EDT) -- On June 20, 2011, the United States Supreme Court ruled unanimously (with Justice Sonia Sotomayor not participating) in American Electric Power v. Connecticut that the Clean Air Act displaces federal common law nuisance claims against greenhouse gas emitters, thus barring those claims. The plaintiffs in AEP are eight states, New York City and three private land trusts; the defendants are four private power companies and the Tennessee Valley Authority, which together make up the five largest emitters of carbon dioxide in the country.

The plaintiffs claimed...
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