LexisNexis® Legal Newsroom
Solicitor General Supports Utility Petition For Certiorari From Climate Change Common Law Nuisance Ruling

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...

High Court Will Review Climate Change Lawsuit

WASHINGTON, D.C. - (AP) In a new case about climate change, the Supreme Court will hear an appeal from electric utilities that are trying to short-circuit an effort by states to force cuts in power plant emissions. The court agreed Monday to consider ending a federal lawsuit by eight states. . . . Full...

Comparing Electric Utilities’ Briefs In American Electric Power Co. Inc. v. Connecticut

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School On January 31, 2011, five investor-owned utilities[1] (Petitioners) and the Tennessee Valley Authority (TVA), an electric utility owned by the US government, filed separate briefs with the United States Supreme Court (USSC...

EPA Pursues Michigan's Largest Coal-Fired Plant

MONROE, Mich. - (AP) A Michigan utility spent $65 million last year replacing key parts at the state's largest coal-fired power plant. When regulators found out, they hauled the company into court for what it didn't do: Spend millions more at the same time to greatly eliminate air pollution....

Alston & Bird LLP's Jonathan Wells On The Suprme Court's American Electric Power Ruling

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...