American Electric Power v. Connecticut (AEP) is the first climate change nuisance suit to be argued before of the U.S. Supreme Court. The Supreme Courts decision will likely be handed down by the end of the current court term in June 2011. In AEP, eight states, New York City and three land trusts claim the utility company defendants have created a public nuisance by contributing to global warming and that a court should cap the emissions of the particular plants owned by these companies in order to abate the nuisance. The trial court originally dismissed the action, but then the U.S. Court of Appeals for the Second Circuit held the case could proceed. Issues likely to be assessed by the court include whether (1) the states and private parties have standing to bring their claim, (2) whether federal common law of nuisance provides a cause of action against greenhouse gas-emitting power plants, and (3) whether plaintiffs claims present non-justiciable political questions best dealt with by Congress or the executive branch. Undoubtedly, the ruling in AEP will have broad implications for U.S. industries that emit greenhouse gases. This 90-minute webinar, featuring Christina M. Carroll, Lawrence S. Ebner, and J. Randolph Evans, of McKenna Long & Aldridge LLP, is designed to help you:
Christina M. Carroll, J. Randolph Evans, Lawrence S. Ebner