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American Electric Power Company, Inc. v. Connecticut: greenhouse gas regulation derails common law claims

  • Haynes and Boone LLP
  • -
  • USA
  • -
  • June 21 2011

On June 20, 2011, Justice Ginsburg delivered the unanimous opinion of the U.S. Supreme Court in American Electric Power Company, Inc. v. Connecticut, holding that the Clean Air Act and EPA action under it displaced the federal common law nuisance claims against CO2 emitters that plaintiffs sought to pursue

Supreme Court limits Superfund liability in two ways

  • Haynes and Boone LLP
  • -
  • USA
  • -
  • May 5 2009

The United States Supreme Court yesterday handed down its eagerly awaited opinion in the consolidated cases of BNSF v. U.S. and Shell Oil Company v. U.S., on the issues of arranger liability and joint and several liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), or Superfund