The Supreme Court of the United States granted review in two cases this morning:
American Electric Power Co., Inc. v. Connecticut, No. 10-174: Whether States and private plaintiffs may maintain actions under federal common law alleging that five electric utilities have created a “public nuisance” by contributing to global warming, and may seek injunctive relief capping defendants’ carbon dioxide emissions at judicially-determined levels.
Wal-Mart Stores, Inc. v. Dukes, No. 10-277: Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) -- which by its terms appears limited to injunctive or corresponding declaratory relief -- and whether the class certified here was consistent with the class action prerequisites of Rule 23(a).