Abstract

http://ssrn.com/abstract=1932425
 


 



Supreme Court Decides that Clean Air Act Displaces Federal Common Law Claims for Climate Change


James May


Widener University - School of Law

September 22, 2011

Trends, Vol. 43, No. 1, September/October 2011

Abstract:     
On June 20, 2011, the U.S. Supreme Court decided the closely watched case of American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011) (AEP), in which eight states, the City of New York, and several land trust organizations sued the nation’s five largest fossil-fuel-burning electric utility companies to reduce their emissions of greenhouse gases, arguing that these emissions constitute a public nuisance under federal common law. The Supreme Court rejected this claim, reasoning that the Clean Air Act (CAA), when coupled with the Environmental Protection Agency’s (EPA’s) authority and the actions EPA has taken in the last two years to regulate greenhouse gas (GHG) emissions, displaces federal common law nuisance causes of action for injunctive action addressing climate change.

Number of Pages in PDF File: 2

Keywords: Environmental Law, Constitutional Law, Climate Change, Preemption, Clean Air Act

JEL Classification: K32, K23

Accepted Paper Series





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Date posted: September 24, 2011  

Suggested Citation

May, James, Supreme Court Decides that Clean Air Act Displaces Federal Common Law Claims for Climate Change (September 22, 2011). Trends, Vol. 43, No. 1, September/October 2011. Available at SSRN: http://ssrn.com/abstract=1932425

Contact Information

James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
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