Supreme Court update

Author: Daniel Himebaugh

This morning, the Supreme Court issued merits opinions in two cases in which PLF filed briefs.

First, in American Electric Power Co. v. Connecticut, the Court held that the Clean Air Act, and the EPA actions it authorizes to regulate greenhouse gas emissions, displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants.  This holding reverses a lower court decision that held that several states and non-profit organizations had stated a claim under the federal common law of nuisance against defendant greenhouse gas emitting power companies.  The Court remanded the case for consideration of a claim under state nuisance law.  (Read PLF's brief).

Second, in Wal-Mart Stores, Inc. v. Dukes, the Court held that a lower court's certification of a class of 1.5 million female employees in an anti-discrimination suit against Wal-Mart was inconsistent with the rules of procedure for class certification.  (Read PLF's brief).

Check back for updates as we digest the Court's opinions.