Jenner & Block

Client Advisory: Supreme Court Holds EPA's Authority to Regulate Greenhouse Gases Displaces Federal Nuisance Suit

On June 20, 2011, the Supreme Court issued its opinion in American Electric Power Co., Inc. v. Connecticut, No. 10-174, a case in which the U.S. Court of Appeals for the Second Circuit had held that eight states, New York City, and three land trusts could bring a claim under the federal common law of nuisance against owners of some of the largest U.S. electric power plants, for allegedly emitting greenhouse gases ("GHGs") that contribute to global warning. The eight Justices who participated in the decision unanimously agreed to reverse and remand the Second Circuit’s decision.