American Electric Power Co., Inc. v. Connecticut (2010)
- Docket
- 10-174
- Decided
- 2010-01-01
Summary
Question: (1) Can states and private parties seek to curb emissions on utilities for their alleged contribution to global climate change? (2) Can a cause of action to reduce carbon dioxide emissions be implied under federal common law? Conclusion: No. The Supreme Court reversed and remanded the lower court order in a unanimous opinion by Justice Ruth Bader Ginsburg. "The Clean Air Act and the EPA action the Act authorizes displace any federal common-law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants." Justice Samuel Alito concurred in part and in the judgment, writing: "I agree with the Court's displacement analysis on the assumption (which I make for the sake of argument because no party contends otherwise) that the interpretation of the Clean Air Act adopted by the majority in Massachusetts v. EPA is correct." Meanwhile, Justice Sonia Sotomayor did not take part in consideration of the case.