In what will likely become a pivotal moment in the nation’s regulations of greenhouse gases, the U.S. Supreme Court ruled against the rights of six states, New York City and three private land trusts, holding that there is no federal common law of public nuisance for claims of injuries caused by the emissions of greenhouse gases. American Electric Power Co., et al. v. Connecticut, et al., No. 10-174 (“AEP”). The plaintiffs in AEP filed suit in July 2004 against six major electric utilities arguing they had suffered climate change-related injuries caused by the utilities’ emissions, which emissions they argued constituted… Read more