Monday, December 6, 2010
Supreme Court Grants Certiorari in AEP v. Connecticut
Ann Carlson has the story here at Legal Planet. The case involves a claim by state and private plaintiffs that power plant emissions of carbon dioxide and other greenhouse gases constitute a federal common-law public nuisance. Among the numerous interesting issues in the case are whether the plaintiffs have standing to sue, whether the common-law claims are preempted by the Clean Air Act. I agree with Ann that the Court is likely to rule against the plaintiffs on both counts.