Find Court Cases > American Electric Power Co., Inc. v. Connecticut

American Electric Power Co., Inc. v. Connecticut

Case Date: 04/19/2011
Docket No: none

Facts of the Case 

Eight states, New York City and three land conservation groups filed suit against four electric power companies and the Tennessee Valley Authority, five entities that they claimed were the largest sources of greenhouse gases. The lawsuit alleged that the utility companies, which operate facilities in 21 states, are a public nuisance because their carbon-dioxide emissions contribute to global warming. American Electric Power Co. and the other utilities argued that the courts should not get involved in the issue. The companies contended that only the Environmental Protection Agency can set emissions standards. A federal judge on the U.S. District Court for the Southern District of New York initially threw out the case, but the U.S. Court of Appeals for the Second Circuit said it could continue.

The states in the lawsuit are: California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The Open Space Institute, the Open Space Conservancy and the Audubon Society of New Hampshire also are plaintiffs. The other utilities are Cinergy Co., Southern Co. Inc. of Georgia, and Xcel Energy Inc. of Minnesota.

Read the Briefs for this Case
  • Brief of James G. Anderson, Ph.d., David Archer, Ph.d., David S. Battisti, Ph.d., Michael L. Bender, Ph.d., Mark a. Cane, Ph.d., Peter B. Demenocal, Ph.d., Kerry a. Emanuel, Ph.d., Inez Y. Fung, Sc.d., Peter Huybers, Ph.d., Ralph F. Keeling, Ph.d., Mario
  • Brief for Amici Curiae Defenders of Wildlife, Center for Biological Diversity, And National Wildlife Federation In Support of Respondents
  • Brief of the States of North Carolina, Illinois, Maryland And Massachusetts as Amici Curiae for the Respondents
  • Brief of Allearth Renewables, Inc., NamastÉ Solar, Petersendean, Inc., Revision Energy And Westinghouse Solar as Amici Curiae In Support of Respondents
  • Brief of Environmental Law Professors as Amici Curiae In Support of Respondents
    • Question 

    (1) Can states and private parties seek to curb emissions on utilities for their alleged contribution to global climate change?

    (2) Can a cause of action to reduce carbon dioxide emissions be implied under federal common law?

    Argument American Electric Power Co., Inc. v. Connecticut - Oral ArgumentFull Transcript Text  Download MP3American Electric Power Co., Inc. v. Connecticut - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 8 votes for American Electric Power Co., Inc., 0 vote(s) against Legal provision: Clean Air Act

    No. The Supreme Court reversed and remanded the lower court order in a unanimous opinion by Justice Ruth Bader Ginsburg. "The Clean Air Act and the EPA action the Act authorizes displace any federal common-law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants." Justice Samuel Alito concurred in part and in the judgment, writing: " I agree with the Court's displacement analysis on the assumption (which I make for the sake of argument because no party contends otherwise) that the interpretation of the Clean Air Act adopted by the majority in Massachusetts v. EPA is correct." Meanwhile, Justice Sonia Sotomayor did not take part in consideration of the case.