News & Views item - December 2010

 

 

 US Supreme Court to Rule if Power Companies May Be Sued to Curb Their Greenhouse Gas Emissions. (December 19. 2010)

Following is a report released by the American Association for the Advancement of Science (AAAS)

The Supreme Court agreed to hear challenges by power companies to a ruling by the federal appeals court in New York that they can be sued to curb their greenhouse gas emissions (GHG). The High Court granted petitions from the five companies -- American Electric Power, Southern Company, Duke Energy, Xcel Energy, and the Tennessee Valley Authority -- to review the decision in Connecticut v. American Electric Power. A coalition of states led by Connecticut alleged that GHG emissions from the nation's largest electric utilities are a "public nuisance" that harms each entity. The appeals court agreed, and ruled that the coalition may proceed with their federal legal claim to curb carbon emissions coming from power plants outside their borders, unless and until the EPA actually regulates those emissions under the Clean Air Act. The case will likely be heard by the Supreme Court next spring. 

In a related matter, the U.S. Court of Appeals for the District of Columbia has rejected a request from the State of Texas and a number of companies to delay regulation of GHG emissions by the Environmental Protection Agency. The ruling reportedly will allow EPA to begin regulating CO2 emissions from large sources. It is likely however, that any EPA regulatory actions on GHG emissions will face strong opposition in Congress.