Articles

The Supreme Court and “civil heresy”

July 14, 2011 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

An "oops" from the Wall Street Journal

June 21, 2011 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

SCOTUS and global warming

February 10, 2011 | By PACIFIC LEGAL FOUNDATION

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 ...