Connecticut v. American Electric Power Co.
United States District Court for the Southern District of New York
406 F. Supp. 2d 265 (2005)
- Written by Tanya Munson, JD
Facts
In 2004, eight states and the city of New York (the states) (plaintiffs) sued six electric-power corporations that owned and operated fossil fuel-fired power plants in 28 different states (the corporations) (defendants). The states alleged that the corporations were the largest emitters of carbon dioxide in the United States and among the largest in the world. The states sought abatement of the corporations’ ongoing contribution to the public nuisance of global warming through a cap on carbon-dioxide emissions and mandated annual emissions reductions. The states filed a federal common-law public-nuisance claim against the corporations. The corporations moved to dismiss the complaints for lack of jurisdiction and failure to state a claim upon which relief can be granted.
Rule of Law
Issue
Holding and Reasoning (Preska, J.)
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