U.S. Supreme Court Eliminates Federal Nuisance Law as a Vehicle to Force Greenhouse Gas Reductions, but Sets Stage for Further Debate as to Viability of State Nuisance Law Claims

Abstract

The Supreme Court's long-awaited decision in American Electric Power Co., Inc. v. Connecticut did not firmly close the door on future greenhouse gas litigation. Rather, it set the stage for what will likely be a far more complex debate over the role of state common law in the future regulation of GHG emissions. The focus is now turned to state law, and whether Congress has, in promulgating the Clean Air Act, preempted state nuisance claims.