On June 20, the U.S. Supreme Court issued its highly anticipated ruling in American Electric Power Co., Inc., et al. v. Connecticut (AEP), the first climate change nuisance lawsuit to reach the high court. In an opinion written by Justice Ruth Bader Ginsburg, the Supreme Court ruled 8-0 that the Clean Air Act and Environmental Protection Agency regulations authorized by the act displace the federal common law cause of action. Reversing the U.S. Court of Appeals for the Second Circuit ruling, the high court held federal common law nuisance claims cannot be brought against utilities for their greenhouse gas emissions. The Second Circuit had allowed eight states, New York City, and three land trusts to move forward with claims against the utility company defendants alleging they have created a public nuisance by contributing to global warming.
Significantly, the Supreme Court split 4-4 on the issue of whether the petitioners demonstrated they had standing to bring the claim and affirmed the Second Circuit's ruling that they did. The Supreme Court did not address issues raised by petitioners at oral argument and in briefing regarding the political doctrine defense. It remanded the case for consideration of plaintiffs’ state law nuisance claim, which was not before the court on this appeal. The high court suggested that on remand the court should consider whether the state law cause of action is preempted. Clearly, the ruling in AEP will have broad implications for U.S. industries that emit greenhouse gases.
This 90-minute webinar, a second in a series, featuring Christina M. Carroll , J. Randolph Evans, and Joanne Zimolzak of McKenna Long & Aldridge LLP, is designed to help attendees:
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Christina Carroll, J Randolph Evans, and Joanne Zimolzak
J. Randolph Evans is a partner in the Atlanta, Ga. and Washington, D.C. offices of McKenna Long & Aldridge LLP. He is chair of the Financial Institutions practice. He handles high profile, complex litigation matters in state and federal courts throughout the United States for some of the largest companies in the world. Evans counsels major insurance carriers on the potential risks and opportunities associated with climate change. Evans has published numerous articles on climate change and insurance. In addition, Evans served as outside counsel to the Speakers of the 104th-109th Congresses of the United States. He represents former Speakers of the U.S. House of Representatives, Dennis Hastert and Newt Gingrich, respectively, as well as J.C. Watts, former Representative to the U.S. House of Representatives. He also represents several current members and former members of Congress, as well as elected officials in Georgia. Evans has been named in Best Lawyers in America in commercial litigation.
Joanne Zimolzak is a partner in the Washington, D.C. office of McKenna Long & Aldridge LLP. Her diverse practice focuses principally on complex business litigation. Her experience also extends to assisting companies with internal investigations and fraud reporting. Zimolzak has handled complex litigation in federal and state courts throughout the country, both at the trial and appellate levels. Her experience includes representing insurance companies in coverage and bad faith disputes, as well as providing counseling in these areas. Zimolzak also has considerable experience in handling products liability litigation and commercial contract disputes for the firm’s clients. Zimolzak assists companies with obtaining and/or preventing the release of information under federal and state Freedom of Information Act provisions. She also has particular experience in procurement fraud matters and in conducting related internal investigations.