U.S. Supreme Court Grants "Cert" in Connecticut v. AEP
Last week the United States Supreme Court granted certiorari to
several large power companies in their appeal of 2nd Circuit Court
of Appeals' decision in greenhouse gas (GHG) nuisance case,
Connecticut v. American Electric Power Co. In 2005, eight
states, New York City, and three land trusts brought a suit against
the power companies seeking injunctive relief on grounds that the
defendant's GHG emissions posed a public nuisance. Although the
District dismissed the claims on grounds the case raised
"Political Questions" that the Constitution does not
allow the Court to address, the 2nd Circuit Court of Appeals
reversed holding that the plaintiffs� claims
were justiciable and that each had standing to sue under the
federal common law of public nuisance. The United States Supreme
Court will now review 2nd Circuit's reinstatement of the
case.
Although parties in other Circuit Court of Appeals GHG cases,
including the 5th Circuit case, Comer v. Murphy Oil, have
also sought review from the United States Supreme Court on similar
issues, there is no indication yet whether high court will hear
those cases.
World Climate Change Meeting Concludes With Small Gains
The United Nations climate change conference concluded in Cancun, Mexico last week without any groundbreaking agreement to limit global greenhouse gas (GHG) emissions. However, the conference did manage to reach more limited consensus including:
- Agreeing to establish a $100 billion fund by 2020 to help poor countries from the effects of global warming;
- Agreeing that future increases in temperature should be capped at 2 degrees Celsius.
Although some critics are disappointed that the conference did not result in changes that some scientists believe are necessary to avoid climate change in the coming years, others believe that the Cancun conference marks a "turning point" in the move to deal with global climate change given the apparent loss in momentum that climate issues have experienced in the recent global economic downturn.
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