(Courtesy of the National Mining Association)
The Supreme Court this week agreed to hear a case that will decide whether citizens have the right to sue power plants for emitting greenhouse gases under a nuisance claim. The case in question, American Electric Power Co., Inc. v. Connecticut, will be the first before the court that directly decides “global warming” issues. NMA filed an amicus brief this summer urging the court to hear the case and reject the notion that the court system is the appropriate venue for determining the benefits and detriments of fossil fuel use to society.
The case will be the most significant environmental decision since the court decided in 2007 that the Environmental Protection Agency (EPA) has authority under the Clean Air Act to regulate greenhouse gas emissions. Legal observers noted two likely outcomes: either the court denies states and individuals seeking emissions cuts have a public nuisance standing, or denies their motion because EPA is already regulating emissions. In agreeing to hear the case, the court ignored pleas from the Obama administration to remand the case to the lower court in consideration of pending EPA climate change rules.