NU Online News Service, June 30, 11:24 a.m. EDT
Many newspaper accounts of the decision in American Electric Power Co. v. Connecticut, suggest that the suit was "thrown out," "killed," or "dismissed," and that the threat of federal climate change tort litigation has been removed. The truth is more subtle, however, and the decision is as noteworthy for what the justices did not decide as for what they did.
The U.S. Supreme Court on June 20 held in an 8-0 decision that the Clean Air Act displaced any federal common law right to seek abatement of carbon-dioxide emissions from fossil fuel-fired power plants.
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