Author: Damien M. Schiff This week PLF filed an amicus brief in the United States Supreme Court in support of the petitioners in American Electric Power Co. v. Connecticut. The case concerns whether federal courts can hear public nuisance cases that are based on the greenhouse gas emissions of large energy companies. The Connec ...
Author: Damien M. Schiff Yesterday I reported on the Supreme Court's decision in American Electric Power Co. v. Connecticut, in which the high court held that the plaintiffs' federal common law public nuisance lawsuits based on the defendants' greenhouse gas emissions were statutorily "displaced" by Congress's enact ...
Author: Damien M. Schiff The Supreme Court decided a few weeks ago in American Electric Power Co. v. Connecticut that there is no federal common law tort of public nuisance based on greenhouse gas emissions. In writing about the decision, I noted that the majority opinion has a gratuitous footnote which states that the Cou ...