Abstract

http://ssrn.com/abstract=2143238
 


 



American Electric Power Company, Inc. v. State of Connecticut: Brief of Law Professors as Amici Curiae in Support of Respondents


Stuart Banner


UCLA School of Law; Washington University in Saint Louis - School of Law

James May


Widener University - School of Law

2012

Valparaiso University Law Review, Vol. 46, No. 2, Winter 2012
Widener Law School Legal Studies Research Paper No. 12-31

Abstract:     
This is the Law Professors’ Brief on Behalf of Respondents in American Electric Power v. Connecticut, by James R. May and Stuart Banner. American Electric Power Co. v. Connecticut (“AEP”), is an important decision in the field of environmental law. It stands astride several junctures: public and private law; environmental, constitutional, and international law; injunctive and legal relief; state and federal action; and judicially, legislatively, and administratively fashioned responses. With its cornucopian issues extraordinaire — separation of powers, federalism, standing, displacement, political question, tort, and prudence — it has something for nearly all legal tastes, temperaments, and talents. AEP will continue to have profound and uncertain impacts on GHG related litigation and regulation, especially concerning jurisprudential notions of displacement, constitutional and prudential standing, the political question doctrine, and the role of common and statutory law.

The brief argues that the Court has never held, or even suggested, that constitutional doctrine forecloses judicial review of common law claims like the one in this case. And even if the political question doctrine limited judicial consideration of common law claims, we conclude that the public nuisance claims in AEP are not non-justiciable political questions.

Number of Pages in PDF File: 44

Keywords: environmental law, constitutional law, American Electric Power v. Connecticut

JEL Classification: K32

Accepted Paper Series


Download This Paper

Date posted: September 8, 2012  

Suggested Citation

Banner, Stuart and May, James, American Electric Power Company, Inc. v. State of Connecticut: Brief of Law Professors as Amici Curiae in Support of Respondents (2012). Valparaiso University Law Review, Vol. 46, No. 2, Winter 2012; Widener Law School Legal Studies Research Paper No. 12-31. Available at SSRN: http://ssrn.com/abstract=2143238

Contact Information

Stuart Banner
UCLA School of Law ( email )
405 Hilgard Ave.
Los Angeles, CA 90095-1476
United States
310-206-8506 (Phone)
310-825-6023 (Fax)
Washington University in Saint Louis - School of Law
MO
United States
James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Feedback to SSRN


Paper statistics
Abstract Views: 158
Downloads: 14

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds