AEP v. Connecticut: No Public Nuisance Claim For GHG Emissions
As mentioned earlier, the United States Supreme Court, in AEP v. Connecticut, No. 10-174, had before it the issue of whether state attorneys general or environmental groups may sue owners of fossil-fuel-fired power plants under the federal common law of public nuisance for the plants' alleged contribution to climate change. On June 20, the Supreme Court issued its opinion, which by a vote of 8-0 (Sotomayor, J. recused) found the Clean Air Act displaced any right to bring a public nuisance claim.
