U.S. Supreme Court Issues Decision in Key Climate Change Case

摘要

ACA has hailed the recent U.S. Supreme Court's unanimous decision in American Electric Power Company Inc. v. Connecticut as a victory for companies opposing public nuisance lawsuits that seek to redress global climate change. The Supreme Court's 8-0 decision, written by Justice Ruth Bader Ginsberg, is consistent with ACA's position as articulated in an amicus brief submitted for the case in support of the utilities, which forges a persuasive link between "stan-dardless" public nuisance cases and the impact of the lack of prerequisite standards on the "political question" doctrine. This doctrine suggests that the courts should defer to the legislative and executive branches in broad, unsettled public policy matters like climate change, and not attempt to "legislate from the bench," which is exactly what the U.S. Supreme Court decision affirmed.