Nuisance Suit Ruling Opens the Door to a Broad Avenue for GHG Controls

A ruling by Second Circuit Court of Appeals (New York) has reinstated a lawsuit brought by states seeking to force electric utilities’ to reduce their greenhouse gas (GHG) emissions on public nuisance grounds. The case still has a long way to go before new GHG controls take effect, but the appeals court panel’s decision has opened the door to the potential for sweeping and complex new GHG reduction requirements that could extend to all GHG emitters. The case, Connecticut v. American Electric Power, was brought by eight states and the several land trusts...

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