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Marten Law: Solicitor General Sides With Utilities, Asking Supreme Court to Block Common Law Climate Change Lawsuit

By Steven Jones, Partner, Marten Law PLLC “In a brief filed last August, the Solicitor General has urged the Supreme Court to accept review of the Second Circuit's decision in Connecticut v. American Electric Power Co. ( AEP ),” writes Steven Jones. “In AEP , the Second Circuit...

More on the American Electric Power Decision

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...