The AEP Cases. Connecticut, et al. v. American Electric Power Co., et al. (2d Cir. appeal pending); Open Space Institute, et al. v. American Electric Power Co., et al. (2d Cir. appeal pending). We filed the first tort case against greenhouse gas polluters in 2004 in collaboration with the attorneys general of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont, Wisconsin, and the City of New York. We represent three land trusts that filed suit at the same time as the States and City. The defendants are electric power corporations that are the five largest emitters of greenhouse gases in the United States. according to the allegations in our case. The Defendants are American Electric Power Co., American Electric Power Service Co., Southern Company, Tennessee Valley Authority, Xcel Energy Inc., and Cinergy Corp. The cases, filed in federal court in New York City, seek injunctive relief, i.e., a court order requiring the power companies to reduce the emissions of greenhouse gases over a period of years. The cases were dismissed by a district court under the political question doctrine. In September, 2009, the United States Court of Appeals for the Second Circuit reversed that decision and reinstated the cases in a decision in which the states and land trusts prevailed on every issue on appeal. To read the Second Circuit’s decision, click here (PDF). In December, 2010, the U.S. Supreme Court decided to hear the case. Oral argument is scheduled for April 19, 2011. A decision is expected by the end of June, 2011.
To see the legal complaints that initiated these cases:
American Electric Power Co., et al. v. State of Connecticut, et al.
Open Space Institute, Inc. et al. v. American Electric Power Company Inc., et al.
State of Connecticut, et al. v. American Electric Power Company Inc., et al.