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Supreme Court Rejects Nuisance Claims
In Greenhouse Gas Case Against Utilities

June 21, 2011, 4:00 AM

Federal common law nuisance claims cannot be brought against utilities for their greenhouse gas emissions, the U.S. Supreme Court ruled June 20 in a decision that handed the utilities a victory in their effort to quash lawsuits alleging the companies contribute to climate change (American Electric Power Co. v. Connecticut).

The Supreme Court ruled 8-0 that the Clean Air Act and Environmental Protection Agency regulations authorized by the act displace the federal common law cause of action.

The Clean Air Act “provides a means to seek limits on emissions of carbon dioxide from domestic power plants—the same relief ...

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