'American Electric Power' Leaves Open Many Questions for Climate Litigation

This article explains this Supreme Court decision which ruled that federal common law nuisance claims could not proceed because the EPA possesses ultimate authority on the regulation of carbon-dioxide emissions from power plants. From this decision, the author describes various questions that were left unanswered, including whether the Clean Air Act preempts state public nuisance litigation over GHGs or not, and if the Supreme Court's decision bars all federal common law nuisance claims, or only those that sought injunctive relief.