Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.

American Electric Power Co., Inc. v. Connecticut

Docket No. Op. Below Argument Opinion Vote Author Term
10-174 2d Cir. Apr 19, 2011
Tr.Aud.
Jun 20, 2011 8-0 Ginsburg OT 2010
 
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Holding: Holding: An equally divided Court affirmed the Second Circuit's exercise of jurisdiction; four members of the Court would hold that at least some plaintiffs have standing to bring the lawsuit. The Clean Air Act and the Environmental Protection Agency's implementation of the Act displace any federal common-law right to seek abatement of carbon dioxide emissions from fossil-fuel fired power plants. (Sotomayor, J., recused).

Plain English Summary:

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ruth Bader Ginsburg on June 20, 2011. Justice Alito filed an opinion concurring in part and concurring in the judgment, which was joined by Justice Thomas. (Sotomayor, J., recused).

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