American Electric Power Co., Inc. v. Connecticut (http://www.afj.org/connect-with-the-issues/the-corporate-court/american-electric.html) What’s at stake? Stopping corporate polluters from emitting harmful greenhouse gases. Issue: Whether states and private parties can sue utility companies under federal common law to cap global warming emissions. Decision date: June 20, 2011 Outcome: 8-0 in favor of American Electric. Justice Ginsburg delivered the opinion of the Court. Justice Alito filed a partial concurrence and a concurrence in the judgment, which Justice Thomas joined. Justice Sotomayor recused. What the court held: This case was brought by eight states, the City of New York, and three private land trusts against the nation’s five largest carbon dioxide polluters under the federal common law of nuisance, seeking to force them to cap and reduce their greenhouse gas emissions. The Second Circuit denied a motion to dismiss, allowing the case to move forward. The Supreme Court held that plaintiffs could not proceed under federal common law because the
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