U.S. SUPREME COURT CAPS CARBON LAWSUITS; DEFERS TO ONGOING EPA RULEMAKING PROCESS:
Am. Elec. Power Co., Inc. v. Connecticut
On Monday, June 20, 2011, in a decisive 8-0 opinion, the United States Supreme Court rejected efforts by governmental entities and private parties to create judicially-imposed carbon dioxide emissions limits. The Court's decision is seen as a win for the energy industry defendants, but the battle over emissions limits has simply changed venues and the ongoing EPA rule-making process will now take center stage in this debate. The Court held that the Congressional enactment of the Clean Air Act displaced the federal lawsuits brought by these Plaintiffs. Justice Ginsburg, writing for the unanimous Court, stated that the
"prescribed order of decision-making" under the Clean Air Act - that the EPA first decides its rule making, then judicial review may proceed - precludes piecemeal litigation over greenhouse gas emissions.
Read more about the Court's decision here.
For more information, please contact Kristina Tridico or
Seth Thomas or any other member of Ice Miller's environmental practice group.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
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