• American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions
  • July 18, 2011 | Authors: Kenneth W. Irvin; David F. Williams; Joseph B. Williams
  • Law Firm: Cadwalader, Wickersham & Taft LLP - Washington Office
  • On June 20, 2011, the U.S. Supreme Court unanimously held that the Clean Air Act, and the authority it confers on the U.S. Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases, “displaces” any federal common law right of state, municipal and private plaintiffs to assert tort claims in the federal courts seeking injunctive relief for alleged harm from greenhouse gas emissions. American Electric Power Co. v. Connecticut, No. 10-174 (2011). Justice Ginsburg authored the Court’s 8-0 opinion. Justice Alito, joined by Justice Thomas, filed an opinion concurring in part and concurring in the judgment. Justice Sotomayor did not participate.