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Connecticut v. American Electric Power Co., Inc.

United States Court of Appeals for the Second Circuit

582 F.3d 309 (2009)

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. The states filed a federal common-law public-nuisance claim against the corporations. The corporations argued that a federal common-law nuisance claim was displaced by federal legislation under the Clean Air Act (CAA).

Rule of Law

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Issue

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Holding and Reasoning (Hall, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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