In a consolidated case where two groups of plaintiffs files suit against the same five major electric power companies, claiming their emission of carbon dioxide gas and other greenhouse gases and their impact on global climate change substantially and unreasonably interfered with public rights, in violation of the federal common law of interstate nuisance, or, in the alternative, of state tort law, rulings by the Court of Appeals for the Second Circuit are: 1) affirmed where the court properly exercised jurisdiction; but 2) reversed where the Clean Air Act and the EPA action the Act authorizes displace any federal common-law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants.
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American Elec. Power Co. v. Connecticut
On Behalf of Herrera Law & Associates, PLLC | Jun 20, 2020 | Public Utilities