The Supreme Court’s AEP Decision on Legislative Displacement of Federal Common Law Nuisance Claims and Its Implications for Climate Change Tort Litigation

By Christina M. Carroll, Lawrence S. Ebner & J. Randolph EvansJune 28, 2011

In American Electric Power v. Connecticut, the Supreme Court decided what many observers believe was the most important environmental case since its 2007 decision in Massachusetts v. EPA. The authors of the attached article argue that the AEP decision could have important implications, particularly with the Court’s lack of a precedential holding on standing, and because the decision did not address state tort claims. AEP left a number of issues unresolved, they contend, and state and federal courts, regulators, and legislators will continue to grapple with the question of whether and how to address climate change in the months and years to come.