Jenner & Block

United States Supreme Court To Hear Global Warming Case

Siros_Steven_COLORBy Steven M. Siros


On December 6, 2010, the United States Supreme Court announced that it will grant certiorari in American Electric Power v. Connecticut, a case involving allegations by several states and environmental groups that greenhouse gas emissions from several large power generating companies are causing irreparable environmental harm.  In 2009, the Second Circuit ruled that the lawsuit could proceed after concluding that the plaintiffs had standing and that the case did not present a non-justiciable political question.  One unique aspect of this case will revolve around whether any (or how many) of the justices will recuse themselves.  Justice Sotomayor was on the Second Circuit panel that originally decided the case.  Justice Kagan was the solicitor general and served in that position until she was sworn in as a Supreme Court justice in August 2010.  The solicitor general's office submitted a brief on behalf of one of the defendants in the case shortly thereafter.  We will continue to monitor this case as it progresses at the Supreme Court.

TAGS: Greenhouse Gas

PEOPLE: Steven M. Siros