AEP v. Connecticut: The Ruling and its Implications Audio Downlaod

    AEP v. Connecticut: The Ruling and its Implications Audio Downlaod

    AEP v. Connecticut: The Ruling and its Implications Audio Downlaod

    Program Overview: AEP v. Connecticut (June 20, 2011) is this year's blockbuster environmental law case. AEP is the first decision of the Supreme Court on climate change since Massachusetts v. EPA and a titanic piece of litigation pitting some of the largest states against some of the country's largest utilities. AEP involves ...
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    Program Overview:
    AEP v. Connecticut (June 20, 2011) is this year's blockbuster environmental law case. AEP is the first decision of the Supreme Court on climate change since Massachusetts v. EPA and a titanic piece of litigation pitting some of the largest states against some of the country's largest utilities. AEP involves a plethora of constitutional issues (political question, standing and displacement of federal common law) together with equally important issues of judicial management of large-scale environmental litigation. The Court in AEP split 4-4 on certain preliminary issues that resulted in an affirmation of part of the lower court ruling, followed by an 8-0 decision reversing the rest of the Second Circuit's decision. The Court agreed with the utility defendants on one core point: That highly complex climate change environmental regulation is more suited to expert agencies set up by Congress than by federal judges issuing "case-by-case injunctions." Justice Ginsburg, writing for the Court, also managed to raise one other constitutional issue not briefed by the parties -- potential federal preemption of state nuisance claims. The lawyer who represented the defendant utility companies, Peter Keisler of Sidley & Austin, and the former senior climate change policy counsel to the EPA Administrator, Professor Lisa Heinzerling of Georgetown University Law Center, will discuss the Court's holding and its implications.

    Product Details

    Sponsors

    Section of Environment, Energy, and Resources

    Product Code

    5350218AUD

    Publication Date

    7/1/2011 12:00:00 AM

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