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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...

Marten Law On Strange Bedfellows: Administration, GOP Congressmen Urge High Court To Overrule Greenhouse Gas Ruling

By Steven Jones, Partner, Marten Law PLLC "Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate ruling...

Legal Actions Against U.S., States Claim Climate Change Is A Breach Of Public Trust

By Dianne Saxe, Attorney Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide...

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...

Supreme Court Reverses Ruling Giving States Second Chances At Emissions Plans

WASHINGTON, D.C. — (Mealey’s) In a 6-2 ruling, the U.S. Supreme Court on April 29 reversed a District of Columbia Circuit U.S. Court of Appeals decision that states are excused from adopting implementation plans prohibiting emissions that “contribute significantly” to air pollution...