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U.S. Supreme Court,
Environmental & Energy

Jun. 29, 2011

US Supreme Court Rejects States' Climate Change Nuisance Lawsuit

American Electric Power Inc. v. Connecticut could have been far more damaging to those pursuing climate change litigation in federal courts.

Richard M. Frank

Professor of Environmental Practice, UC Davis School of Law

Richard is director of the California Environmental Law & Policy Center at the UC Davis School of Law.

For the second time in four years, the U.S. Supreme Court has weighed in on the most contentious and important environmental issue of our era: climate change. In Massachusetts v. Environmental Protection Agency (EPA), 549 U.S. 497 (2007), the justices handed the state of California and its environmental allies a landmark litigation victory, ruling that federal officials had both the authority and responsibility to consider regulating greenhouse gases under the Clean Air Act. But now...

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