In 2007, I wrote an article titled “Advancing the Rebirth of Environmental Common Law.”  The article, in part, discussed the case Connecticut v. Am. Elec. Power Co., decided in the Southern District of New York where state and local governments filed suit against power companies under state public nuisance law in order to mitigate greenhouse gas emissions.  On appeal to the Second Circuit, the Court vacated the decision of the district court and decided that plaintiffs could proceed in their nuisance claims.  I recently posted to an interesting piece about the Obama Administration’s potnetial response in the case, and whether it would act strategically in order to pressure Congress to pass climate change legislation.  Now it seems that the Tennessee Valley Authority has filed its petition (click here for petition), signed by the U.S. Department of Justice, with the Supreme Court, asking the Court to grant cert and state that plaintiffs cannot pursue nuisance claims because now EPA is beginning to regulate greenhouse gases under the Clean Air Act.

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