Climate Change Public Nuisance Litigation: Contextualizing AEP v. Connecticut

Abstract

This article follows up on B. A. Bender, “Greenhouse Gas Politics and Climate Change Public Nuisance Litigation,” Environmental Claims Journal, 22(2): 78–90, 2010. It discusses developments in climate change public nuisance litigation since May 2010, with an emphasis on how actions taken by the U.S. Environmental Protection Agency may affect the outcome of American Elec. Power Co. Inc. et al. v. State of Connecticut et al., which was argued before the United States Supreme Court on April 19, 2011. A decision in that case is expected this summer.