• Second Circuit Decision Opens Door for Federal Tort Actions Seeking Greenhouse Gas Emissions Caps and Mandatory Reductions
  • October 13, 2009
  • Law Firm: Skadden, Arps, Slate, Meagher & Flom LLP - New York Office
  • In a decision with potentially far-reaching implications, the Second Circuit recently ruled in Connecticut v. American Electric Power Co., et al., that, in the absence of comprehensive federal legislation regulating greenhouse gas (GHG) emissions, states, municipalities and certain private organizations have standing to bring viable federal common law nuisance claims seeking to impose company specific GHG emissions caps and mandatory reductions. This decision may very well provide the precedent and catalyst for additional climate change tort suits asking for GHG emission caps and mandatory reductions on industrial companies, particularly companies with significant GHG emissions.