Abstract

http://ssrn.com/abstract=1904541
 


 



The Supreme Court Disposes of a Nuisance Suit: American Electric Power v. Connecticut


Jonathan H. Adler


Case Western Reserve University School of Law; PERC - Property and Environment Research Center

August 3, 2011

Cato Supreme Court Review, p. 295, 2010-2011
Case Legal Studies Research Paper No. 2011-17

Abstract:     
In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. That climate change is a serious concern does not mean it is a matter for the courts.

Number of Pages in PDF File: 25

Keywords: American Electric Power v. Connecticut, Massachusetts v. EPA, Georgia v. Tennessee Copper Company, Public Nuisance, Interstate Pollution, Global Warming, Climate Change, Climate Litigation, Greenhouse Gas Emissions, Clean Air Act, Environmental Protection Agency

JEL Classification: K23, K32

Accepted Paper Series


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Date posted: August 4, 2011 ; Last revised: July 1, 2013

Suggested Citation

Adler, Jonathan H., The Supreme Court Disposes of a Nuisance Suit: American Electric Power v. Connecticut (August 3, 2011). Cato Supreme Court Review, p. 295, 2010-2011; Case Legal Studies Research Paper No. 2011-17. Available at SSRN: http://ssrn.com/abstract=1904541

Contact Information

Jonathan H. Adler (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)
HOME PAGE: http://www.jhadler.net
PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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