Climate Change

and the Judicial

System
By
:

Judicial System & Climate Change

Laws and court cases that go through the judicial
system help change and regulate laws and acts
pertaining to climate change
It helps regulate factors that contribute to climate
change.
e.g limiting the amount of carbon dioxide that the fossil
fuel industry can emit.

Federal Court Case

American Electric Power Co., Inc. v. Connecticut (2011)
The lawsuit alleged that the utility companies are a
public nuisance because their carbon-dioxide
emissions contribute to global warming.
The American Electric Power Co. do not want the
courts to get involved, they believe that only the
Environmental Protection Agency can set emission
standards.
Granted on December 5, 2010. Argued April 18, 2011.

Decision of American Electric Power

Co. Inc. v. Connecticut (2011)
According to the Supreme Court, states and
private parties cannot seek to curb emissions on
utilities for their alleged contribution to global
climate change and under the federal common law,
there is no cause of action to reduce carbon
emissions. The Clean Air Act and the EPA action
the ACT authorizes displace any federal commonlaw right to seek abatement of carbon-dioxide
emissions from fossil-fuel fired power plants.

State Court Case

Cleveland National Forest Foundation v. San Diego Association of
Governments
April 6, 2015
MPO accused of violating the CEQA
Metropolitan Planning Organization (MPO) in San Diego had
transportation project plans that were omitting greenhouse gas emissions
Conclusion
The Court of Appeals concluded that the MPO is required to evaluate their
transportation plans in order to meet the 2050 GHG emission reductions.
The Supreme Court is still to decide if an environmental impact report for
transportation projects is required.

Decision of Cleveland National

Forest Foundation v. San Diego
Association of Governments
It was decided in the
Cleveland National Forest
Foundation v. San Diego
Association of
Governments that a Transit
Plan called the 50-10 is a
project that would be
implemented for the next 35
years to hopefully reduce the
amount of greenhouse gases
that are emitted into the
atmosphere from freeways.

Discussion Question
Should the government courts be involved with setting emission
standards or should a non-government agencies do it?

Works Cited
"American Electric Power Co., Inc. v. Connecticut." Oyez. Chicago-Kent College of Law at Illinois Tech,
n.d. Nov 3, 2015. <https://www.oyez.org/cases/2010/10-174>
Thornton, Robert D., Rubin, Benjamin Z.. Cleveland National Forest Foundation v. San Diego
Association of Governments. Lexology. Web. April 6, 2015.
"Climate Change Victory!" Transitsandiego.org. N.p., n.d. Web. 03 Nov. 2015.