The Supreme Court unanimously ruled(8-0) today that six states cannot seek to limit greenhouse gas emissions through a tort action based on federal common law. The Court's opinion can be accessed here. The Court ruled that the Clean Air Act and the efforts of the Obama administration to regulate greenhouse gasses preempts the states’ claims. The Supreme Court heard oral arguments in American Electric Power v. Connecticut in mid April, and we blogged about it here.
The other issue before the court was whether or not federal courts even had the jurisdiction to hear the states' claims. On this issue the Supreme Court was split down the middle with a 4-4 ruling. Therefore, the 2nd Circuit Court of Appeals ruling that it did have jurisdiction stands, but that ruling does not control decisions in other federal circuits