Supreme Court Rules on Nuisance Actions Against Power Plants for Greenhouse Gas Emissions
June 21, 2011
On June 20, 2011 the United States Supreme Court reversed an appeals court decision that had allowed States and other plaintiffs to bring public nuisance actions against power plants for emitting carbon dioxide and other greenhouse gasses ("GHGs"). The plaintiffs, including Connecticut, had filed suit against several Midwestern coal-fired power plants seeking to limit carbon dioxide emissions from such facilities using federal common law.
