In an action seeking abatement of defendants’ ongoing contributions to the public nuisance of global warming, the dismissal of the complaint is vacated where: 1) plaintiffs’ claims did not present non-justiciable political questions; 2) plaintiffs had Article III standing to bring their claims; 3) plaintiffs stated claims under the federal common law of nuisance; 4) plaintiffs’ claims were not displaced by the Clean Air Act; and 5) the discretionary function exception did not provide defendant Tennessee Valley Authority with immunity from suit.
Read Connecticut v. Am. Elec. Power Co., No. 05-5104
Appellate Information
Argued: June 7, 2006
Decided: September 21, 2009
Judges
Opinion by Judge Hall
Counsel
For Appellants:
Richard Blumenthal, Attorney General’s Office, Hartford, CT
Peter Lehner, Bureau Chief, Environmental Protection Bureau of the State of New York, New York, NY
For Appellees:
Joseph R. Guerra, Angus Macbeth, and Thomas G. Echikson, Sidley Austin LLP, Washington, DC
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