Climate change torts: Amerjcanelectrjc Power v Connecticut

The decision of the U.S. Supreme Court in American Electric Power v Connecticut' is arguably the most important case for climate change torts in 2011. The Supreme Court's decision has now overruled the previous judgment of the Second Circuit delivered in Connecticut v. American Electric Power, 582 F.3d 309 (2nd Cir, 2009). There are two aspects to the Supreme Court's recent decision that are of particular importance to the status of climate change torts. Firstly, the court applied the doctrine of displacement to hold that the U.S. federal government has the appropriate mandate over the United States Environmental Protection Agency (EPA) and the related legislation, and hence the claimant's action under federal nuisance law was nonjusticiable. Secondly, the Supreme Court abstained from ruling on the issue of the claimant's standing, due to the Court's division on the matter. Thus, higher judicial authority continues to fail to clarify standing regarding climate change torts.