TODAY at 2:00-3:30 pm EDT, DRI's Climate Change Litigation Task Force will present a webcast regarding Supreme Court arguments in the landmark public nuisance case American Electric Power, et al v Connecticut, et al (10-174) ("AEP"). Interested parties can register on the DRI website.
Summary of presentation:
On Tuesday, April 19, 2011, the United States Supreme Court heard arguments in American Electric Power, et al v Connecticut, et al (10-174) ("AEP"), a case filed by eight states, one city and three land trusts seeking an order requiring five of the nation's largest coal-fired power producers to reduce their emissions for at least a decade. The suit claims that the defendants' carbon dioxide emissions constitute a public nuisance under federal common law because they contribute to global warming, which in turn causes the climate to change, which ultimately results in damage to the plaintiffs' land and endangers the public welfare. The case was originally dismissed as presenting a non-justiciable political question, but this decision was subsequently reversed on appeal.
On Tuesday, the power company petitioners - who were supported by dozens of amicus filers, including DRI - urged the Supreme Court to overturn the appellate decision, not only on political question grounds, but also matters of standing, displacement and common law. In sum, the Court was told that a decision affirming the circuit court holding would violate the separation of powers and result in a devastating new mass tort that would forever change the way energy is produced, priced and supplied in this country. Oral arguments provided few hints about how the Court will rule.
This webcast will cover the history of the litigation, the context in which the case is being decided, arguments before the court, and potential outcomes. Anyone who is or represents a member of the energy and/or manufacturing industries is encouraged to attend.