SCOTUS Hears Oral Argument in This Term's Only Major Environmental Case
04.20.11 1:45 PMYesterday, the U.S. Supreme Court heard oral argument on American Electric Power v. Connecticut, this term's only major environmental case. The Court is reviewing the Second Circuit's decision, in 2009, to allow a federal common law public nuisance claim against electric power station operators based on greenhouse gas emissions to survive a motion to dismiss. The questions presented on certiorari are (1) whether states and private parties have standing to pursue the claim, (2) whether a cause of action for abatement of greenhouse gas emissions may be implied under federal common law, given the assignment of emissions regulation to the EPA under the Clean Air Act, and (3) whether an action to reduce emissions to "reasonable" levels involves questions of policy and lacks "judicially discoverable and manageable standards," rendering it barred by the political question doctrine.
While we here at the Tennessee Environmental Law Blog usually write our own postings, for great summaries related to this case, we refer you to SCOTUSblog columnist Lyle Denniston's written summaries of the merits briefing and yesterday's argument.
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