Supreme Court decision in AEP v Connecticut
21 June 2011 -- The US Supreme Court has issued its decision today in AEP v Connecticut. The Supreme Court has found that the Clean Air Act and US Environmental Protection Agency's authority over regulation of greenhouse gas emissions displace federal law claims over greenhouse gas emissions.
However, the Supreme Court tied 4-4 on the issues of standing, political question and prudential question. The Court did not decide anything with regard to the state law claims which remain outstanding.
It is not known what impact the decision will have on the state law case of Kivalina which is pending in the Ninth Circuit. Kivalina seeks monetary damages whereas the plaintiffs in AEP v Connecticut sought injunctive relief.