I have been irresponsible (especially since I brought the case up in my class this week) in not blogging about AEP v. Conn. (here’s an earlier post), the case considers whether common law nuisance can be used to abate greenhouse gas emissions. The case was argued before the US Supreme Court this week. So here are some resources, from bloggers more timely than I, to get my readers up to speed.
The oral argument transcript can be found here.
SCOTUSblog’s case page and Argument Recap.
Commentary at Legal Planet here and here and here (my students will be interested in this last link related to nuisance and remedies).
JASON J. CZARNEZKI 
May 4, 2011 at 10:48 AM
[…] Activists Target States With Lawsuits.” Apparently, like using the common law in AEP v. Conn., the idea is to use the public trust doctrine to protect the atmosphere. I’m skeptical […]
June 6, 2012 at 3:08 AM
That is a silver linnig. But it still bothers me that it’s constitutional.And they’re not reigning it in here in New York. In fact, they’ve used and are continuing to use it in the Atlantic Yards project.