Supreme Court Issues Decision in Climate Change Nuisance Case

The Supreme Court today issued a unanimous decision in American Electronic Power Co., Inc. (AEP) v. Connecticut, a climate change public nuisance action on appeal from the Second Circuit Court of Appeals. The Supreme Court reversed and remanded the Second Circuit's decision, and held that the plaintiffs' federal common law claims were displaced by the Clean Air Act and EPA regulations authorized by the Clean Air Act. However, the Court affirmed the Second Circuit's exercise of jurisdiction because it was split 4-4 on whether the plaintiffs had standing. We are preparing a briefing that will analyze the Court's opinion in further detail.