The Yale Law Journal’s new “Summary Judgment” online series features a set of essays on the Supreme Court’s decision in American Electric Power v. Connecticut, in which the Court held unanimously that suits against utilities alleging their emissions of greenhouse gases contribute to the “public nuisance” of global warming under federal common law were displaced by the Clean Air Act. Contributors to the online symposium include Hari Osofsky, Daniel Farber, James May, Maxine Burkett, Michael Gerrard, and yours truly. My contribution, “A Tale of Two Cases” (PDF), discusses how the outcome in AEP was predetermined by the Court’s prior holding in Massachusetts v. EPA that greenhouse gases were pollutants subject to regulation under the Clean Air Act. The essay is based on a longer article forthcoming in the Cato Supreme Court Review that I will discuss at the Cato Constitution Day event on Thursday.
Originally posted at The Volokh Conspiracy.A Tale of Two Cases
Date
Topics
Related Content
-
On the Proposed Recission of the Conservation and Landscape Health Rule
PERC submitted a public comment on the proposed rescision of the BLM's Conservation and Landscape Health Rule.
-
Conservation Innovation Lab Report
2025 Annual Project Update
-
Shaping the Next Era of Conservation at the Historic Murie Ranch
PERC convenes America’s leading conservation thinkers to chart the future